HomeMy WebLinkAboutPlanning Commission 2020-04-14 Agenda Packet
AGENDA
SAN RAFAEL PLANNING COMMISSION
REGULAR MEETING
TUESDAY, April 14 2020, 7:00 P.M.
Virtual Meeting
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RECORDING OF MEMBERS PRESENT AND ABSENT
APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS
PUBLIC NOTIFICATION OF MEETING PROCEDURES
URGENT COMMUNICATION
Anyone with an urgent communication on a topic not on the agenda may address the
Commission at this time. Please notify the Community Development Director in advance.
CONSENT CALENDAR
1. Minutes, February 25, 2020
PUBLIC HEARING
2. 104 Shaver Street – Request for a Use Permit, an Environmental and Design
Review Permit and a Variance to allow the construction of a new, 7-unit, multifamily
residential apartment building with associated site improvements (drainage and
landscaping) on a 6,264 sq. ft. site. The proposed Variance would reduce the front
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SUBDIVISION. AN APPEAL LETTER SHALL BE FILED WITH THE CITY CLERK, ALONG WITH AN APPEAL FEE OF $350 (FOR NON-APPLICANTS) OR A $4,476
DEPOSIT (FOR APPLICANTS) MADE PAYABLE TO THE CITY OF SAN RAFAEL, AND SHALL SET FORTH THE BASIS FOR APPEAL. THERE IS A $50.00
ADDITIONAL CHARGE FOR REQUEST FOR CONTINUATION OF AN APPEAL BY APPELLANT.
(Shaver St.) setback, from 20’ to 15’, and the interior side setback, from 5’ to zero.
The project also requests a Parking Modification to reduce the required on-site
parking, from 8 to 7 parking spaces, and to increase compact parking, from 2 to 4
spaces. The project further requests 2 concessions, under the State Density Bonus
law, to increase the maximum allowable lot coverage, from 60% to 65%, and to
decrease the required street side setback, from 10’ to 8’; APN: 011-245-40;
Multifamily Residential (HR1) District; Stevan Fontana for Vantana LLC, owner; Mike
Larkin for Larkin Architecture, applicant; Downtown Neighborhood. (Project Planner:
Steve Stafford)
3. Election of a new Chair and Vice Chair for 2020 - Due to the resignation of the
Commissioner formerly serving as Chair for 2020, a new Chair, and potentially a new
Vice Chair, shall be elected for the remainder of this year’s term. (Project Planner:
Alicia Giudice)
DIRECTOR’S REPORT
COMMISSION COMMUNICATION
ADJOURNMENT
I. Next Meeting: April 28, 2020.
II. I, Anne Derrick, hereby certify that on Friday, April 10 2020, I posted a notice of the
April 14, 2020 Planning Commission meeting on the City of San Rafael Agenda
Board.
In the Council Chambers of the City of San Rafael, February 25, 2020
Regular Meeting
San Rafael Planning Commission Minutes
For a complete video of this meeting, go to http://www.cityofsanrafael.org/meetings
CALL TO ORDER
Present: Barrett Schaefer
Aldo Mercado
Sarah Loughran
Berenice Davidson
Samudzi Shingai
Jeff Schoppert
Mark Lubamersky
Absent: None
Also Present: Alicia Giudice, Senior Planner
Jayni Allsep, Contract Planner
PLEDGE OF ALLEGIANCE
RECORDING OF MEMBERS PRESENT AND ABSENT
APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS
PUBLIC NOTIFICATION OF MEETING PROCEDURES
URGENT COMMUNICATION
CONSENT CALENDAR
1. Minutes, February 11, 2020
Mark Lubamersky moved and Berenice Davidson seconded to approve Motion to approve Minutes as
presented. The vote is as follows:
AYES: Barrett Schaefer, Aldo Mercado, Sarah Loughran, Berenice Davidson, Jeff Schoppert,
Mark Lubamersky
NOES: None
ABSTAIN: Samudzi Shingai
ABSENT: None
CONTINUED PUBLIC HEARING
2. 190 Mill Street - General Plan Amendment, Zoning Amendment, and Use Permit to: a)
extend the existing high density residential general plan land use (HDR) to include the
subject property; b) extend zoning district (HR1) boundary to include the subject property;
and c) a Use Permit for a new existing emergency shelter to replace existing shelter to be
demolished, and consideration of concessions and incentives to exceed maximum lot
coverage and maximum building height. The above applications, if approved, would allow
for a “by-right” approval process for the construction of 32 100% affordable supportive
housing units, as required by Assembly Bill 2162; APN: 014-192-12; Canal Core
Industrial/Office (CCI/O) District; Homeward Bound owners/applicant; File No(s).: GPA19 -
001/ZC19-001/UP19-001 (This item was continued from the February 11, 2020 Planning
Commission Meeting)
Staff Report
Aldo Mercado moved and Sarah Loughran seconde to adopt a Resolution recommending to the City
Council approval of the Initial Study and Mitigated Negative Declaration. The vote is as follows:
AYES: Barrett Schaefer, Aldo Mercado, Sarah Loughran, Berenice Davidson, Sam udzi
Shingai, Jeff Schoppert
NOES: None
ABSTAIN: Mark Lubamersky
ABSENT: None
Sarah Loughran moved and Berenice Davidson seconded to adopt a Resolution recommending to the
City Council approval of a General Plan Amendment changing the existing zoning classification from Light
Industrial to High Density Residential. The vote is as follows:
AYES: Barrett Schaefer, Aldo Mercado, Sarah Loughran, Berenice Davidson, Samudzi
Shingai, Jeff Schoppert, Mark Lubamersky
NOES: None
ABSTAIN: None
ABSENT: None
Sarah Loughran moved and Berenice Davidson seconded to adopt a Resolution recommending to the
City Council approval of the Zoning Map Amendment from Canal Core Industrial/Office to High Density
Residential. The vote is as follows:
AYES: Barrett Schaefer, Aldo Mercado, Sarah Loughran, Berenice Davidson, Samudzi
Shingai, Jeff Schoppert, Mark Lubamersky
NOES: None
ABSTAIN: None
ABSENT: None
Sarah Loughran moved and Barrett Schaefer seconded to adopt a Resolution recommending to the City
Council approval of the Use Permit and Concessions. The vote is as follows:
AYES: Barrett Schaefer, Aldo Mercado, Sarah Loughran, Berenice Davidson, Samudzi
Shingai, Jeff Schoppert
NOES: Mark Lubamersky
ABSTAIN: None
ABSENT: None
DIRECTOR’S REPORT
COMMISSION COMMUNICATION
ADJOURNMENT
___________________________________
ANNE DERRICK, Administrative Assistant III
APPROVED THIS _____DAY OF_______, 2020
_____________________________________
Jeff Schoppert, Chair
Community Development Department – Planning Division
Meeting Date: April 14, 2020
Agenda Item:
Case
Numbers:
ED19-030/UP19-013/V19-003
Project
Planner:
Steve Stafford/ 415-458-5048
REPORT TO PLANNING COMMISSION
SUBJECT: 104 Shaver Street – Request for a Use Permit, an Environmental and Design Review Permit
and a Variance to allow the construction of a new, 7-unit, multifamily residential apartment building with
associated site improvements (drainage and landscaping) on a 6,264 sq. ft. site. The proposed Variance
would reduce the front (Shaver St.) setback, from 20’ to 15’, and the interior side setback, from 5’ to zero.
The project also requests a Parking Modification to reduce the required on-site parking, from 8 to 7 parking
spaces, and to increase compact parking, from 2 to 4 spaces. The project further requests 2 concessions,
under the State Density Bonus law, to increase the maximum allowable lot coverage, from 60% to 65%,
and to decrease the required street side setback, from 10’ to 8’; APN: 011-245-40; Multifamily Residential
(HR1) District; Stevan Fontana for Vantana LLC, owner; Mike Larkin for Larkin Architecture, applicant;
Downtown Neighborhood.
EXECUTIVE SUMMARY
The project proposes to construct a new, seven (7)-unit, multistory multifamily residential building and
associated site improvement (i.e., landscaping and drainage) on an underutilized Downtown parcel. The
project is required to comply with the City’s inclusionary housing requirement (10% or 1 affordable housing
unit) and by doing so is eligible for a State density bonus of up to three (3) units and up to three (3)
concessions under the State Density Bonus law. The project is request one (1) State Density bonus unit
and two (2) concessions (2) under the State Density Bonus Law. Staff has reviewed the project and
recommends that the project is categorically exempt from further CEQA review based (Class 32; In-Fill
Development Section 15332 of the CEQA Guidelines). The project additionally requests miscellaneous
deviations from parking, lot coverage and setback standards in the San Rafael Municipal Code (SRMC)
due to the challenges in developing a small (6,264 sq. ft.), triangular-shaped lot.
The Design Review Board (Board) reviewed the site and building design proposed by the project on three
(3) occasions; once as a conceptual project and twice as a formal project. On February 19, 2020, the Board
unanimously recommended approval of the proposed site and building design, which is presented to the
Planning Commission (Commission).
Staff finds the proposed project meets the applicable General Plan land use policies and standards and
findings under the Zoning Ordinance (see discussion under the Analysis section of this report), subject the
approval of the requested Parking Modifications and Variances. The project would provide much needed
rental housing on a transitional Downtown lot.
RECOMMENDATION
It is recommended that the Planning Commission adopt the Draft Resolution approving the requested
Environmental and Design Review Permit, Use Permit and Variances for the project (Exhibit 2).
REPORT TO PLANNING COMMISSION - Case Nos: ED19-030/UP19-013/EX19-064/V19-003
104 Shaver St.
April 14, 2020
Page 2
PROPERTY FACTS
Address/Location: NE Corner/3rd and Shaver Streets Parcel Number(s): 011-246-40
Property Size: 6,264 sf (combined) Neighborhood: Downtown
Site Characteristics
General Plan Designation Zoning Designation Existing Land-Use
Project Site: High Density Residential HR1 Single-Family
Residence
North: HDR HR1 AT&T Offices
South: 2/3 Mixed-Use 2/3 Mixed-Use West Commercial (Oil Change)
East: 2/3 MU 2/3 MUW Commercial
West: HDR HR1 Duplex Residence
BACKGROUND
Site Description/Setting:
The subject site is located at the northeast corner of Shaver St. and Third St. Third St. is a major east -west
arterial, which runs through the Downtown and between U.S. Highway 101 and west Marin County. The
site is a triangular-shaped, 6,264 sq. ft. parcel with a negligible (2%) northwest-to-southeast trending
average cross slope from Shaver St. The property is currently developed with a one-story + (elevated
basement) single-family residence with an uncovered driveway parking area. The site is surrounded by
commercial development to the north, south and east, and a combination of single -family and multifamily
residential development to the west
PROJECT DESCRIPTION
Use:
The project proposes to construct a new 7-unit, 35’-tall, multifamily residential apartment building with
understory garage parking and associated site landscape and drainage improvements. All of the proposed
units are proposed as two-bedroom units, 807-899 sq. ft. in size, with the exception of the ground-floor
ADA-accessible unit, which is proposed to a one-bedroom configuration and 806 sq. ft. in size.
The project does not include a condominium map; therefore, the units would be rental. The existing
development on the site, a single-family residence, is proposed to be demolished.
Planning Applications:
The project requires the following Planning entitlements:
• An Environmental and Design Review Permit for the proposed new multifamily residential structure;
• A Use Permit for Parking Modifications to: 1) Reduce the parking requirement, from eight (8) to
seven (7) on-site parking spaces, by eliminating guest parking; and 2) Increase the allowed
compact parking ratio from 30% to 50% or from two (2) to four (4) compact parking spaces; and
• Variances to: 1) Reduce the required garage setback five feet (5’), from 20’ to 15’; and 2) Reduce
the required interior side setback, from five feet (5’) to zero.
REPORT TO PLANNING COMMISSION - Case Nos: ED19-030/UP19-013/EX19-064/V19-003
104 Shaver St.
April 14, 2020
Page 3
Affordability:
One (1) of the units (0.6 units which rounded-up to nearest whole number, or 1 unit) is required to be
affordable at the very-low income household level. This affordable housing requirement represents 16.7%
affordability of the maximum allowable density (6 units). The provision of 16.7% affordability at the very
low-income units qualifies the project for up to a 35% density bonus (resulting in up to 3 bonus units, 2.1
rounded up to 3) and up to three (3) concessions under the State Density Bonus law.
Although the project is eligible for up to 3 bonus units, the project proposes one (1) State Density Bonus
unit.
By providing the 16.7% affordability, the project tis also eligible for up to 3 concession. The project requests
two (2) automatic concessions; 1) A 20% reduction in the required street side setback, from 10’ to 8’; and
2) A 5% increase in the maximum lot coverage, from 60% (3,758 sq. ft.) to 65% (4,071 sq. ft.).
Site Plan:
The new multifamily residential apartment building proposes a zero interior side yard setback, which sits
adjacent to the surface parking lot of the neighboring AT&T office building. A 20’-wide driveway along the
Shaver St. frontage is proposed to provide vehicular access to the understory garage. Secured long-term
bicycle parking is also provided within the garage which exceeds the minimum required (from 2 to 6 bicycle
parking spaces).
The project proposes to locate one (1) of the rental units on the ground-floor, behind the garage, and the
remaining six (6) rental units evenly on the second floor (3 units) and third floor (3 units). The ground-floor
unit is proposed to ADA-accessible. The six (6) upper-story units are proposed to be 2-bedroom
configurations, 807-892 sq. ft. in size. The ADA-accessible unit is proposed to be a 1-bedroom
configuration, 806 sq. ft. in size.
Architecture:
The project proposes a contemporary architectural design featuring lots of glazing (including glass railings),
multiple exterior textures (two colors of textured stucco, anodized windows without trim) and ‘winged’ roof
forms with lots of skylights. The new building is proposed to follow the curvilinear shape of the Third St.
frontage through a series of successive 2 - 5’ stepbacks. In addition, the two upper-stories are proposed
to stepback from the ground-floor podium level to create common uncovered deck area along the Third St.
frontage.
Landscaping:
The project proposes 1,724 sq. ft. of landscaping, located primarily along the Third and Shaver St.
frontages. The project proposes to remove a total of four (4) existing trees on the site. The Landscape Plan
for the project proposes a combination of trees, shrubs, grasses, vines and groundcovers, including 6, 24”-
box container size replacement trees planted predominantly along the Third St. frontage. The project also
proposes to install ‘green screens’, vine-covered metal screens, at the podium level along both the Shaver
St. and Third St. frontages.
Grading/Drainage:
The project will include 443 sq. ft. of landscaped bioretention area along the Shaver St. frontage as a
stormwater treatment measure.
REPORT TO PLANNING COMMISSION - Case Nos: ED19-030/UP19-013/EX19-064/V19-003
104 Shaver St.
April 14, 2020
Page 4
ANALYSIS
San Rafael General Plan 2020 Consistency:
There are numerous General Plan policies applicable to this project. The General Plan contains many
competing policies that need to be weighed and considered. Consistency with a General Plan is
determined by reviewing and weighing the goals and polices of all elements of the San Rafael General
Plan 2020. Overall, the project would be consistent with most of the applicable San Rafael General Plan
2020 policies.
The General Plan land use designation for the project site is High Density Residential (HDR). The HDR
designation is characterized by apartment densities, like the proposed project, which would be consistent
with Land Use Policy LU-23 (Land Use Map and Categories). Also, the project would be in accordance
with Land Use Policy LU-12 (Building Height) and the maximum 36’ building height, based on the City’s
current measurement for (building height (i.e., as measured from finished grade to the midpoint of a sloped
or pitched roof structure). In addition, the project would be in accordance with Housing Policy H-18
(Inclusionary Housing Requirements) by providing 10% affordable housing units or 0.6 affordable units,
which rounds up to require one (1) affordable unit.
The project design likely would be in accordance with Community Design Policy CD-5 (Views), which
seeks to respect and enhance to the greatest extent possible, views of St. Raphael’s church bell tower,
hills and ridgelines from public streets, parks and publicly accessible pathways.
The project site is located within the “Second/Third Corridor” District of Downtown. In compliance with
Neighborhoods policy NH-41 (Second/Third Mixed Use District Design Considerations), design
considerations for this area call for the creation of “…an inviting appearance to people travelling Second
and Third Street. Encourage attractive, creative and varied architecture on Second and Third Streets, with
design detail on all sides of buildings visible to the street or pedestrians”.
In compliance with Community Design Element policy CD-11 (Multifamily Residential Design
Considerations), design “…should ensure multifamily housing is visually and functionally compatible with
other buildings in the neighborhood and fits within and improves the character defining elements of
neighborhoods.”
Staff finds the site is challenging for development purposes, based on its triangular or curvilinear
configuration, and for use, based on the surrounding mostly commercial develop ment in the near vicinity
(north, south and east; residential uses to the west and southwest only).The project would create view
impacts of Puerto Suello Hill from public viewsheds along eastbound Second St. and northbound Shaver
St., though staff finds these impacts would be limited. Staff finds the project also would be consistent with
a majority of applicable multifamily and Downtown design guidelines
A complete analysis of the pertinent policies and programs is presented in the attached General Plan
Consistency Table (Exhibit 3).
Zoning Ordinance Consistency:
The project has been reviewed for consistency with the San Rafael Zoning Ordinance. A complete analysis
of the pertinent regulations (standards and criteria) is presented in the attached Zoning Ordinance
Consistency Table (Exhibit 4). Overall, the project would be consistent with all applicable regulations of
the Zoning Ordinance, with the exception of front, side and street side setbacks, lot coverage and parking
and the applicant has requested either concessions to these standards under the State Density Bonus law
or a deviation as Parking Modifications through the Use Permit application.
REPORT TO PLANNING COMMISSION - Case Nos: ED19-030/UP19-013/EX19-064/V19-003
104 Shaver St.
April 14, 2020
Page 5
Chapter 4 – Residential (R) District
The site is located within the Multifamily Residential – High Density (HR1) District. The proposed project
will require consistency with the property development standards for the HR1 District, including a maximum
36’ building height, minimum usable outdoor area (common and/or private) and landscaping. The proposed
project would be consistent with maximum density, maximum lot coverage, minimum required street side
yard setback and required parking, subject to a requested concession under the State Density Bonus law.
The project also would be consistent with the required parking subject to deviations as Parking
Modifications through the Use Permit. The proposed project further would be consistent with minimum
required front and interior side yard setbacks, subject to the granting of requested Variances. Those
property development standards applicable to the project are identified in the Property Facts summary
above.
Chapter 16 – Site and Use Regulations
Affordable Housing Requirement
The project proposes to development a multifamily residential apartment building with seven (7) units; six
(6) units based on the maximum allowable density under the HR1 District zoning plus one (1) density
bonus unit under the State Density Bonus Law, by reserving one (1) of the six (6) base units as affordable
to very low income households. Pursuant to Section 14.16.030 (Affordable Housing Requirements) of the
Zoning Ordinance, projects proposing up to 10 housing units are required to provide 10% of the proposed
units as ‘affordable’ housing units. The maximum density for this site is six (6) units (6,264 sq. ft. lot/1,000
sq. ft. density standard). The project proposes to provide 16.7% affordability, or one (1) of those six (6)
units as affordable. The City’s inclusionary housing ordinance requires that for rental projects, 50% of the
inclusionary units (one-half or 0.5 unit for the project) be eligible to very low-income households (<50%
county median income) and the remaining 50% of the affordable units (one-half or 0.5 unit for the project)
be eligible for low-income households (50%-80% of county median income). Fractional units of 0.5 or
higher shall be rounded up to the next higher whole number, while fractional units below 0.5 units may pay
in-lieu affordable housing fees. The project proposes to construct one (1) affordable housing unit eligible
for very low-income households, as required.
By providing 16.7% affordable housing (1 unit), the project is eligible for an automatic density bonus of up
to 35% or three (3) additional residential units and up to three (3) concessions. The project is requesting
one (1) density bonus unit and two (2) automatic concessions: 1) Up to 20% deviation from required yard
setbacks; and 2) Up to 20% deviation from lot coverage requirements:
Street Side Yard Setback Reduction Concession (Automatic)
By providing one (1) affordable unit at the very low-income household level, project is eligible for
an automatic reduction in required yard setbacks of up to 20%, with each required yard reduction
counting as one (1) concession. The project proposes to reduce the required street side yard
setback, from 10’ to 8., or a 20% reduction, to allow for greater flexibility to access parking spaces
and turning ability within the understory garage.
Increase Lot Coverage Concession (Automatic)
By providing one (1) affordable unit at the very low-income household level, project is also eligible
for an automatic increase in lot coverage of up to 20%. The project proposes to increase lot
coverage, from a maximum of 60% (3,758 sq. ft.) to 65% (4,071 sq. ft.), or 9% increase, to allow
for again greater flexibility to access parking spaces and turning ability within the understory
garage.
REPORT TO PLANNING COMMISSION - Case Nos: ED19-030/UP19-013/EX19-064/V19-003
104 Shaver St.
April 14, 2020
Page 6
Sight Distance
Pursuant to Section 14.16.295 (Sight Distance) of the Zoning Ordinance, the project shall provide a sight
distance triangle of 15’ from the curb return, free of visual obstructions greater than three feet (3’) in height.
The site is required to provide two sight distance triangles: at the proposed new driveway and at the corner
of Shaver St and Third St. The project proposes a 20’-wide two-way driveway along the Shaver St. frontage
which would comply with the required sight distance triangle. The project also proposes a 48” x 48” x 30”
landscaped concrete column within the sight distance triangle at the corner of Shaver St and Third St,
which also complies with the required sight distance triangle.
Chapter 18 – Parking Standards
Pursuant to Section 14.18.040 (Parking Requirements) of the Zoning Ordinance, the project is required to
provide one (1) parking space (covered or uncovered) per 1- or 2-bedroom unit plus one (1) guest parking
space for a total; of eight (8) on-site parking spaces. The project is requesting a Parking Modification,
through a Use Permit, to reduce the number of on-site parking spaces, from eight (8) to seven (7) total
parking spaces, in exchange for providing a surplus of bicycle parking. The project proposes secured long-
term parking for six (6) bicycles inside the garage.
Pursuant to Section 14.18.090 (Bicycle Parking) of the Zoning Ordinance, the project is required to provide
two (2) short-term bike racks only. By providing excess bicycle parking, however, the project qualif ies for
reduction in vehicle parking requirements. The project is proposing to provide excess bicycle parking to
mitigate a reduction in on-site vehicle parking. Both the Public Works and Community Development
Directors support the Parking Modification to increase bicycle parking while reducing vehicular parking as
an offset to help provide needed Downtown housing in an area determined to have ample street parking
nearby
Pursuant to Section 14.18.200 (Location of Parking and Maneuvering Areas), parking spaces and
maneuvering areas are prohibited in the medium- (MR2, MR2.5, MR3 and MR5) and high-density (HR1,
HR1.5 and HR1.8) residential zoning districts, excluding access driveways. The project proposes a portion
of the proposed garage parking (Parking Space #7) and maneuvering area to be located within into the
interior 5’ side yard setback. On February 19, 2020, the recommended approval of the project design,
including the granting of a Variance to allow encroachment into the required interior side yard setback in
order for the project to provide greater vehicle maneuverability within the garage. By supporting the interior
side yard setback encroachment, the Board’s recommendation also implies support for allowing a portion
of the garage parking and maneuvering area also to encroach into the interior side yard setback.
The proposed parking also complies with all other applicable parking standards, including parking
dimensions, driveway width and drive aisle width/backup distance. The proposed design of the parking
garage also includes two-foot (2’) clear access at the ends of each aisle of parking spaces to provide
adequate maneuverability. The project requests a Parking Modification to allow an increase in the
allowable percentage of compact parking spaces, from a maximum of 30% (2 spaces) to 50% (4 spaces).
Like the request for Parking Modification to decrease the required parking, both the Public Works and
Community Development Directors support the Parking Modification to increase compact parking to help
provide greater maneuverability within the garage area. Under the Zoning Ordinance, residential projects
are not required to provide clean air vehicle parking or EV (electric vehicle) charging stations and the
project proposes none.
Chapter 22 – Use Permits
As discussed previously, the project will require Use Permit approval to allow a Parking Modification to
allow a reduction in the required parking, from eight (8) to seven (7) on-site parking spaces. The project
justifies their reduction request by providing excess bicycle parking.
REPORT TO PLANNING COMMISSION - Case Nos: ED19-030/UP19-013/EX19-064/V19-003
104 Shaver St.
April 14, 2020
Page 7
The project also requires Use Permit approval to allow a second Parking Modification to allow an increase
in the percentage of compact parking spaces, from 30% (2 spaces) to 50%, (4 spaces). The project justifies
their increase request by providing greater maneuverability in the garage area. A Parking Modification is
subject to the review by, and the recommendation of, the Community Development Director and the Public
Works Director and the approval of a Use Permit by the hearing body or, for the project, the Planning
Commission. Both the Community Development Director and the Public Works Director support both the
request for reduced vehicle parking and increased percentage of compact parking, based on the proposed
excess bicycle parking and the site’s challenging triangular configuration.
Chapter 23 – Variances
As discussed previously, the project will require the granting of Variances to allow:: 1) Reduction of the
required garage setback five feet (5’), from 20’ to 15’; and 2) Reduction in the required interior side setback,
from five feet (5’) to zero. The requested reduction in the garage setback affects only vehicles queuing off
Shaver St. and awaiting to enter the project garage. The project complies with the required 15’ front
setback. The City’s Land Development Engineer has reviewed and recommends approval of the reduction
in garage setback as conditioned that any vehicular gate system include remote activation, which has been
made a condition of approval (Condition #40; Environmental and Design Review Permit ED19-030).
The requested reduction to the interior side yard setback was recommended by both the City’s Land
Development Engineer and the Design Review Board to improve maneuverability within the garage. Staff
finds both Variances are necessary to make the project function safely.
Chapter 25 – Environmental and Design Review Permits
The proposed project needs to comply with the applicable review criteria for Environmental and Design
Review Permits, pursuant to Section 14.25.050 (Review Criteria; Environmental and Design Review
Permits), as follows:
➢ Site Design. There should be a harmonious relationship between structures within the development
and between the structures and the site. Proposed structures and site development should relate to
the existing development in the vicinity. Major views of ridgelines should be preserved and enhanced
from public streets and public vantage points. Development should respect site features and recognize
site constraints by minimizing grading, erosion and removal of natural vegetation. Sensitive areas such
as highly visible hillsides, steep, unstable or hazardous slopes, creeks and drainageways, and wildlife
habitat should be preserved and respected.
➢ Architecture. The project architecture should be harmoniously integrated in relation to the architecture
in the vicinity in terms of colors and materials, scale and building design. The design should be sensitive
to and compatible with historic and architecturally significant buildings in the vicinity. Design elements
and approaches which are encouraged include: a) creation of interest in the building elevation; b)
pedestrian-oriented design in appropriate locations; c) energy-efficient design; d) provision of a sense
of entry; e) variation in building placement and height; and f) equal attention to design given to all
facades in sensitive location.
➢ Materials and colors. Exterior finishes should be consistent with the context of the surrounding area.
Color selection shall coordinate with the predominant colors and values of the surrounding landscape
and architecture. High-quality building materials are required. In hillside areas, natural materials and
colors in the earth tone and wood tone range are generally preferred. Concrete surfaces should be
colored, textured, sculptured, and/or patterned to serve design as well as a structural function.
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➢ Walls, Fences and Screening. Walls, fences and screening shall be used to screen parking and loading
areas, refuse collection areas and mechanical equipment from view. Screening of mechanical
equipment shall be designed as an integrated architectural component of the building and the
landscape. Utility meters and transformers shall be incorporated into the overall project design.
➢ Landscape Design. The natural landscape should be preserved in its natural state, as much as
practical, by minimizing grading and tree and rock removal. The landscaping shall be designed as an
integral enhancement of the site, sensitive to natural site features. Water-conserving landscape design
shall be required. Smaller scale, seasonal color street trees should be proposed along pedestrian-
oriented streets while high-canopy, traffic-tolerant trees and landscape setbacks should be proposed
for primary vehicular circulation streets.
These review criteria for Environmental and Design Review Permits seek to have the proposed design
(architecture, form, scale, materials and color, etc.) of all new development ‘relate’ to the predominant
design or ‘character-defining’ design elements existing in the vicinity. The project site is surrounded by
single and multi-level commercial development to the north, south and east, while a concentration of single
and multi-story residential development is located west of the site. Staff finds the multi-story scale proposed
by the project design is well established in the surrounding neighborhood.
Determining the predominant design character is a little more difficult. The only common design feature
among the surrounding commercial buildings is stucco treatment on the exterior. The common design
elements on the adjacent Craftsmen-style residential buildings are horizontal wood siding, gable roof forms
and covered porches. The project proposes a unique, stand-alone contemporary design highlighted by
dramatic ‘wing’ roof forms and glass railings though also incorporating both textured stucco and horizontal
wood siding.
The site is challenging due to its triangular configuration. The new building is proposed to follow the
curvilinear shape of the Third St. frontage through a series of successive 2 -5’ stepbacks. In addition, the
two upper-stories are proposed to stepback from the ground-floor podium level to create common
uncovered deck area along the Third St. frontage.
Landscaped setbacks, included vine-covered green screens and mature (24”-box) trees along both the
Shaver St and Third St frontages, provide a more pedestrian-oriented streetscape.
Staff finds the proposed site and building design is generally consist with the applicable review criteria for
Environmental and Design Review Permits.
San Rafael Design Guidelines:
The San Rafael Design Guidelines have been developed as interim criteria that implement design-related
General Plan Policies. The site is located within the Second/Third Corridor and Environs.
Second/Third Corridor and Environs
Second and Third Streets are to be attractive, landscaped major transportation corridors. While increased
pedestrian safety and comfort is desired on Second and Third, greater pedestrian use of the cross streets
is encouraged. The project site is located within the boundaries of the Second/Third and Environs area of
the Downtown, where the following specific design guidelines apply:
• To provide visual interest, long and monotonous walls should be avoided.
• Building walls should be articulated;
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• To create a boulevard effect along Second and Third Streets, varied landscape setbacks are
appropriate;
• Additional high-canopy, traffic-tolerant street trees are strongly encouraged;
• Where possible, residential buildings in this area should orient to the more pedestrian-friendly side
street; and
• Driveway cuts and widths should be minimized to prevent vehicular conflicts.
The project proposes a podium design with two (2) upper-stories of rental residences above a ground-floor
parking garage. Textured color walls and landscaped setbacks, including vine-covered green screens,
create visual interest along both the Shaver and Third St frontages. Both vehicular and pedestrian access
to the site are proposed along the more pedestrian-friendly side street, Shaver St., rather than the more
heavily trafficked Third St. The project would also eliminate an existing unused driveway along the Third
St. elevation.
Staff finds the proposed site and building design is generally consist with the applicable Downtown Design
Guidelines.
Good Design Principles:
On August 14, 2017, an Ad Hoc City Council Sub-Committee convened to discuss “Community Design,”
with a primary focus on Downtown development. The Ad Hoc Sub-Committee included Mayor Phillips,
Council Member Andrew McCullough, two members of the Design Review Board (former Board Member
Spielman and Stewart Summers) and two members of the Planning Commission (former Commissioners
Paul and Robertson). The initial purpose of the meeting was to determine if there are adequate tools and
resources to facilitate and achieve good design in development in San Rafael. The Sub-Committee was
provided with an inventory of our current resources (all referenced in this report), which are abundant and
comprehensive. The inventory of documents and regulations include the following:
✓ Downtown San Rafael Vision – 1993
✓ General Plan 2020 Policies & Programs for Downtown – 2004
✓ San Rafael Design Guidelines (Interim) – 2004
✓ Zoning Regulations for Downtown – 2004
✓ Downtown San Rafael Station Area Plan – 2012
Mayor Phillips assigned former Commissioner/now Board Member Paul the task of forming a working
group to review these resources and to develop a more concise and consolidated list of key criteria. The
goal was to develop an informational handout (“City of San Rafael Expectations for Good Design”) that
can be provided to developers/applicants. Former Commissioner Paul formed a small Working Group of
local design professionals and residents to review the above planning documents and regulations and
consolidate them into more concise criteria. This working group presented their findings and a “Good
Design Guidelines for Downtown” slideshow to the Council at their February 5, 2018.
There are next steps, which include creating a checklist of these good design principles and adopting them;
however, staff is providing the applicable criteria from this presentation as Exhibit 5.
The project complies with many of these ‘good design’ criteria. Larger and taller buildings, like the
project, are anticipated along the Second and Third St. corridors to create a ‘boulevard’ setting.
Landscaped setbacks help ‘frame’ the built environment in a more pedestrian scale. A ‘base, middle and
top’ design strategy, similar to the project design, is proposed, which is encouraged though not required
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along the Second and Third St corridors. The height and bulk of the project is mitigated by stepbacks,
articulation and use of varied exterior materials.
Staff finds the proposed site and building design is generally consist with the applicable Good Design
Principles.
DESIGN REVIEW BOARD RECOMMENDATION
The Board has reviewed this project on three (3) occasions.
February 5, 2019 - The Board provided the following Conceptual Review comments on the project:
• The project generally proposes good design for the challenging site. The green screens and glass
guardrails are nice details.
• Parking needs to be more compliant with the adopted parking standards, including providing end-
of-stall access for Space #1 and eliminate conflict between Space #4 and ADA-Accessible Space
#7. Show turning movements for vehicles exiting the parking. On-site parking should be
increased, if possible., even if a reduction in the number of units
• The building should be shifted more to the interior side property line to allow for a compliant 10’
street side setback along the Third St. elevation with additional landscaping. The Board would
support a setback Variance along the interior side property line.
• Reduce the paving within the side setback along the Third St. elevation to a more pedestrian
scale.
• The applicant is encouraged to explore expanding the staircase along the Shaver St. elevation
and making it the primary entrance to the upstairs units and reducing the staircase along the
Third St. elevation and making it the secondary access.
• The applicant is encouraged to provide more storage for the residential units.
• The use of landscape planters shall be increased within the common area along the Third St.
elevation.
December 17, 2019 - The Board reviewed the formal application for site and building design and provided
the following consensus comments:
• Contemporary design of project is appropriate for the challenging transitional site
• Eliminate the inconsistencies between the drawings within the plan set, particularly the elevation
renderings to the floor plans for the upper staircase located at the corner of Third and Shaver
Streets.
• Provide details showing the ground-floor stucco and upper wood siding.
• Eliminate the landscaped area underneath the cantilever upper-story decks on the east elevation.
• The project shall provide compliant required on-site parking.
• Garage parking shall be reconfigured to eliminate the potential for parking spaces #5-7 to backout
directly onto Shaver St.
• All bicycle parking shall be secured.
• Widen the third-story corridor.
• Landscape plan shall clearly identify all bioswales, confirm adequacy of plant species in bioswales,
reduce vine species to one, provide additional details on “biofiltration sod”, and eliminate “drainage
swale hydroseed” detail.
February 19, 2020 - The Board reviewed the design revisions to the formal project and unanimously (4-0-
2 vote; PC Liaison absent) recommended approval of the site and building design, as presented.
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Video from each Board meeting may be viewed at www.cityofsanrafael.org/meetings and then clicking on
archived “Design Review Board” meetings, and selecting video from the meeting date (February 5, 2019,
December 17, 2019 and/or February 19, 2020).
ENVIRONMENTAL DETERMINATION
Per CEQA Guidelines Section 15060, staff conducted a “preliminary review” of the project application,
plans and supportive studies and reports. In completing this preliminary review, staff determined that the
application is defined as a “project” under CEQA. Next, CEQA Guidelines Section 15061 (Review for
Exemption) was reviewed to determine whether the project is exempt from CEQA. A project is exempt
from CEQA if it qualifies for a Categorical Exemption under Article 19, Section 15300. Given the project
location, scope and use, staff has determined that the project qualifies for an exemption under CEQA
Guidelines Section 15332. Section 15332 exempts “infill development projects” that meet the following
conditions:
a. The project is consistent with the applicable general plan designation and all applicable general plan
policies as well as with applicable zoning designations and regulations.
b. The proposed development occurs within city limits on a project site of no more than five acres
substantially surrounded by urban uses.
c. The project site has no value as habitat for endangered, rare or threatened species.
d. Approval of the project would not result in any significant effects related to traffic, noise, air quality,
or water quality.
e. The site can be adequately served by all required utilities and public services.
Lastly, CEQA Guideline Section 15300.2 set forth a list of “exceptions” to the application of a Categorical
Exemption. There are five exceptions that if any apply, would negate application of the proposed
Categorical Exemption. A review of these exceptions reveals that none apply:
1. Location: The project site is already developed with a single-family residential use and in not
located in a sensitive environment. The site does not contain sensitive habitat. It is not located in
an area of critical or hazardous concern where designated, precisely mapped, and officially adopted
pursuant to law by federal, state, or local agencies.
2. Cumulative Impact: Based on the lack of significant proposed nearby developments, there is no
evidence of a potential significant cumulative impact on the environment from the proposed project.
It has been determined that the project will not cumulatively impact traffic, noise, air quality, or water
quality.
3. Significant Effect and Unusual Circumstances: The project would not result in any significant effects
on the environment due to unusual circumstances. Based on completed environmental studies for
the project, the project site does not have any unusual circumstances that would negatively impact
the environment.
4. Scenic Highways: The project site is not in proximity or visible to any designated scenic highway
based on the State of California’s Scenic Highway program.
5. Hazardous Waste Sites: The site is not located on a list of identified hazardous waste sites
designated by the State of California.
6. Historical resources: There are no historical resources located on the proposed project site.
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NEIGHBORHOOD MEETING / CORRESPONDENCE
Notice of all prior meetings before the Board and this Planning Commission meeting were conducted in
accordance with noticing requirements contained in Chapter 29 of the Zoning Ordinance. A Notice of Public
Meeting was mailed to all property owners, residents, businesses and occupants within a 300-foot radius
of the project site and the appropriate neighborhood groups (the Downtown Business Improvement District
and the Federation of San Rafael Neighborhoods) and all other interested parties, at least 15 calendar
days prior to each meeting or hearing date. Additionally, notice was posted on the project site, at the corner
of Third and Shaver Streets at least 15 calendar days prior to the date of all meetings/hearings.
Staff received one (1) public comment as a result of noticing of the first (December 17, 2019) Board
meeting on the formal project (Exhibit 7). The owner of an adjacent duplex (105 Shaver St.), located across
the street from the project, expressed general concern with the parking proposed by the project and,
specifically, opposes the requested Parking Modification to reduce the required parking from 8 to 7 garage
spaces.
Staff received another public comment (1) as a result of noticing of the second (February 19, 2020) Board
meeting on the formal project. A resident and attorney expressed general concerns: 1) The proposed
design neither fits in with that of the neighboring non-residential buildings or the neighboring residential
structures; 2) The project should provide compliant on-site parking due to the lack of street parking in along
Shaver St.; and 3) The existing Craftsman-style residence on the site has historical value and should be
preserved
Staff’s responses are, as follows:
1. At their December 17, 2019 meeting, the Board reviewed the proposed design in relation to the
existing predominant design of the immediate neighborhood. Like staff, the Board determined the
immediate neighborhood was a mixture of residential and nonresidential uses, each with its own
predominant design features. Like staff, the Board ultimately determined the proposed design
adequately related to the predominant nonresidential design features, which is limited to stucco
exterior treatment.
2. As stated earlier in staff’s report, the project continues to request a parking reduction, from eight (8)
required on-site parking spaces to seven (7) proposed on-site parking spaces. Each unit is proposed
one (1) on-site parking space; the proposed parking reduction is to eliminate the required one (1)
guest parking space. Section 14.18.090 (D) of the San Rafael Municipal Code (SRMC) allows
reduction of required parking for project which provide an excess of bicycle parking, subject to
granting of a Parking Modification through the approval of a Use Permit. The project continues to
propose an increase in the number of bicycle parking, from two (2) required spaces to six (6) spaces.
Both the Public Works and Community Development Directors continue to support the Parking
Modification for the parking reduction as an offset to help provide needed Downtown housing in an
area determined to have ample street parking nearby.
3. A quick review of the San Rafael Historical/Architectural Survey; Final Inventory List of Structures
and Areas (September 1986) indicates the project site is not listed in the adopted survey as a local,
State or National landmark or eligible for listing or needing reevaluation. The site an isolated
residential site with nonresidential development to the immediate north south and east of the site.
The project provides an opportunity to construct seven (7) new residential units in the Downtown,
including one (1) affordable housing unit (at the very low-income level), where one (1) market-rate
unit currently exists.
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Staff received another (1) public comment after the Board recommended approval of the formal project
design and prior the noticing of this Planning Commission hearing (Exhibit 8). The owner of a duplex (22
Latham St.), located a half-street block from the project, also expressed general concern with the parking
proposed by the project and, specifically, opposes the requested Parking Modification to reduce the
required parking from 8 to 7 garage spaces. These comments suggest approval of the Parking Modification
should be subject to the City implementing a parking permit system for the surrounding neighborhood and
institute a one (1)-hour parking limit for street parking without a parking permit. Staff’s response is that the
City is not requiring implementation of a parking permit system in conjunction with the recommended
approval of the Parking Modification. Both the Public Works and Community Development Directors
support the Parking Modification for the parking reduction as an offset to help provide needed Downtown
housing in an area determined to have ample street parking nearby,
Any comments received after distribution of the staff report, will be forwarded to the Commission under
separate cover.
CONCLUSION
The project site is a challenging triangular-shaped transitional site located along Third St., one of the
City’s busiest arterial corridors. The project proposes to construct rental (apartment) housing units in the
Downtown, at the high-end of the allowable density for the site. The project also adds both affordable
housing (1 unit) and ADA-accessible housing (1 unit) units to the City’s housing inventory. Since
originally submitted as a conceptual design, the project has been revised and refined to improve garage
maneuverability, increased site landscaping, unit storage, and bicycle parking, and provided a greater a
sense of entry to the new building. On February 19, 2020, the Design Review Board, unanimously
recommended approval of the revised site and building design, as presented.
While requesting multiple deviations from adopted development standards, staff, with the Board’s
recommendation, finds the project generally complies with all applicable General Plan policies,
development standards in the HR1 District, the review criteria for Environmental and Design Review
Permits, San Rafael Design Guidelines, Good Design Principles, and findings necessary to approve the
requested Environmental and Design Review Permit, Use Permit (Parking Modifications) and Variances.
The Planning Commission is requested to review and taking final action on the project.
EXHIBITS
1. Vicinity/Location map
2. Draft Resolution recommending approval of the project
3. General Plan 2020 Consistency Table
4. Zoning Ordinance Consistency Table
5. Summary of “Good Design Principals” for Downtown
6. Reduced Project Plans
7. Public comments through Board Review
8. Public comments after Board Review
(11” x 17” color plan sets have been provided to the Planning Commissioners only.
Exhibit 2
File Nos. UP19-013, ED19-030, & V19-003 1
RESOLUTION NO. 20-
RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION CONDITIONALLY
APPROVING A USE PERMIT (UP19-013), AN ENVIRONMENTAL AND DESIGN REVIEW
PERMIT (ED19-030) AND VARIANCES (V19-003) TO ALLOW THE CONSTRUCTION OF
NEW, 7-UNIT, MULTIFAMILY ‘RENTAL’ RESIDENTIAL BUILDING WITH GROUND LEVEL
GARAGE AND ASSOCIATED SITE IMPROVEMENTS (DRAINAGE AND LANDSCAPING) ON
A TRIANGULAR-SHAPED 6,264 SQ. FT. DOWNTOWN LOT. THE PROPOSED VARIANCE
PROPOSING TO REDUCE THE REQUIRED GARAGE SETBACK, FROM 20’ TO 15’, AND
THE INTERIOR SIDE SETBACK, FROM 5’ TO ZERO. THE PROJECT REQUESTS PARKING
MODIFICATIONS TO REDUCE REQUIRED PARKING, FROM 8 TO 7 PARKING SPACES,
AND TO INCREASE THE PERCENTAGE OF COMPACT PARKING, FROM 30% (2 SPACES)
TO 50% (4 SPACES). THE PROJECT PROPOSES 1 AFFORDABLE HOUSING UNIT, 1
DENSITY BONUS UNIT AND REQUESTS 2 CONCESSIONS TO INCREASE LOT
COVERAGE, FROM 60% TO 65%, AND TO DECREASE THE REQUIRED STREET SIDE
SETBACK, FROM 10’ TO 8’ AT 104 SHAVER ST.
(APN: 011-245-40)
WHEREAS, on February 5, 2019, the Design Review Board (Board) provided
Conceptual Design Review comments on the project, which included: 1) Parking needs to be
re-evaluated to eliminate conflict with access and compliant; 2) Explore encroaching into or
eliminating the interior side yard setback in order to comply with the required minimum 10’
street side setback; 3) Reduce paving within the street side setback to provide a more
pedestrian scale; 4) Explore increasing the width of the staircase along the Shaver St. frontage
and making it the primary entrance to the upper units while reducing the width of the staircase
along the Third St. frontage and making it the secondary entrance; 5) Explore providing more
storage for the units; and 6) Increase the use of landscape planters around the common
outdoor areas on the podium level; and
WHEREAS, on April 25, 2019, formal project applications were submitted to the
Community Development Department, Planning Division, requesting a Use Permit (UP19-013),
an Environmental and Design Review Permit (ED19-030) and Variances (V19-003) for the
current project; and
WHEREAS, on December 17, 2019, the Board reviewed the formal project for site and
building design and continued the agenda item with the following consensus comments: 1)
Contemporary design of project is appropriate for the challenging transitional site; 2) Eliminate
the inconsistencies between the drawings within the plan set, particularly the elevation
renderings to the floor plans for the upper staircase located at the corner of Third and Shaver
Streets; 3) Provide details showing the ground-floor stucco and upper wood siding; 4) Eliminate
the landscaped area underneath the cantilever upper-story decks on the east elevation; 5) The
project shall provide compliant required on-site parking; 6) Garage parking shall be
reconfigured to eliminate the potential for parking spaces #5-7 to backout directly onto Shaver
St.; 7) All bicycle parking shall be secured; 8) Widen the third-story corridor; 9) Landscape plan
shall clearly identify all bioswales, confirm adequacy of plant species in bioswales, reduce vine
species to one, provide additional details on “biofiltration sod”, and eliminate “drainage swale
hydroseed” detail;
WHEREAS, on February 19, 2020, the Board reviewed design revisions to the formal
project and unanimously (4-0-2 vote; Paul and Rege absent) recommended approval of the site
Exhibit 2
File Nos. UP19-013, ED19-030, & V19-003 2
and building design, as presented; and
WHEREAS, on April 14, 2020, the San Rafael Planning Commission (Planning
Commission) held a duly noticed a hearing to consider Use Permit (UP19-013), Environmental
and Design Review Permit (ED19-030) and Variance (V19-003) applications, accepted and
considered all oral and written public testimony and the written report of Planning staff; and
WHEREAS, the custodian of documents which constitute the record of proceedings
upon which this decision is based is the Community Development Department; and
NOW THEREFORE BE IT RESOLVED, the Planning Commission of the City of San
Rafael does hereby make the following findings related to the applications for a Use Permit
(UP19-013), an Environmental and Design Review Permit (ED19-030) and Variances (V19-
003):
Use Permit (UP19-013)
Findings
A. The proposed new multifamily residential development with Parking Modifications to
reduce required parking from eight (8) to seven (7) spaces and to increase the
percentage of allowable compact parking from 30% (2 spaces) to 50% (4 spaces), as
revised and conditioned, will be in accord with the San Rafael General Plan 2020, the
objectives of Title 14 of the San Rafael Municipal Code (the Zoning Ordinance) and the
purposes of the High -Density Multifamily Residential (HR1) District, in which the project
site is located, given that;
1. As documented in the General Plan 2020 Consistency Table (Exhibit 3), the
proposed project will implement and promote the goals and policies of the San
Rafael General Plan 2020;
2. As documented in the Zoning Ordinance Consistency Table (Exhibit 4), the
proposed project will be consistent with the objectives of the Zoning Ordinance;
and
3. The proposed project will be consistent with the purposes of the HR1 District,
given that; a) The project will provide for high-density residential development in
the HR1 District, a high-density residential zoning district; b) The project will
provide a wide variety of housing opportunities in terms of housing type (market-
rate, ADA-accessible and affordable residential ‘rental’ units) and sizes (1-
bedroom unit 806 sq. ft. in size and 2-bedroom units 807- 899 sq. ft. in size), c)
The project will help promote San Rafael's Downtown area as a viable
commercial and financial center, and as an urban center with a mixture of civic,
social, entertainment, cultural and residential uses due to its unique location in
the Downtown (one block south of Fourth St.); future residents are anticipated to
frequent existing and future businesses in the Downtown and help achieve the
City’s goal of ‘alive-after-five’ by helping to activate the Downtown in the
evenings and on weekends; d) The project will help create an inviting
appearance along both the Third St. and Shaver St. frontages by installing new
street trees and landscaped setbacks; e) The project has been reviewed by the
appropriate City department and non-city agencies and determined that
adequate infrastructure exists to meet all new service demands; and f) On
February 19, 2020, the Design Review Board reviewed and recommended
approval of the project, determining the project design will protect and enhance
the existing land use development pattern and character within the immediate
Exhibit 2
File Nos. UP19-013, ED19-030, & V19-003 3
surrounding neighborhood, which is a mixture of high-density multifamily
residential to the south, commercial to the north and east and duplex residential
to the west.
B. The proposed new multifamily residential development with Parking Modifications to
reduce required parking from eight (8) to seven (7) spaces and to increase the
percentage of allowable compact parking from 30% (2 spaces) to 50% (4 spaces), as
revised and conditioned, will not be detrimental to the public healrth, safety or welfare, or
materially injurious to properties or improvements in the vicinity, or to the ge neral
welfare of the City, given that; the project has been reviewed by appropriate City
departments, non-City agencies, the appropriate surrounding neighborhood groups
(Downtown Business Improvement District, and Federation of San Rafael
Neighborhoods), interested parties, the Design Review Board at three (3) separate
meetings (conceptual review on February 5, 2019 and formal project review on
December 17, 2019 and February 19, 2020) and conditions of approval have been
included to mitigate any potential negative impacts anticipated to be generated by the
proposed project;
Both the Public Works and Community Development Directors support the Parking
Modification to reduce required parking, give that; bicycle parking will be increased (from
2 to 6 secured/garage bicycle parking spaces) and the area surrounding the project site
has been determined to have ample street parking beyond Shaver St. and Latham St.;
Both the Public Works and Community Development Directors also support the Parking
Modification to increase the percentage of compact parking for the project, from a
maximum of 30% (2 spaces) to 50% (4 spaces) to help provide greater maneuverability
within the garage area; and
C. The proposed new multifamily residential development with Parking Modifications to
reduce required parking from eight (8) to seven (7) spaces and to increase the
percentage of allowable compact parking from 30% (2 spaces) to 50% (4 spaces), as
revised and conditioned, will comply with each of the applicable provisions of the Zoning
Ordinance, given that; as documented in the Zoning Ordinance Consistency Table
(Exhibit 4).
Environmental and Design Review Permit (ED19-030)
Findings
A. The project design, as revised and conditioned, will be in accordance with the San
Rafael General Plan 2020, the objectives of Title 14 of the San Rafael Municipal Code
(the Zoning Ordinance) and the purposes of Chapter 25 of the Zoning Ordinance
(Environmental and Design Review Permits), given that;
1. As documented in the General Plan 2020 Consistency Table (Exhibit 3), the
proposed project will implement and promote the goals and policies of the San
Rafael General Plan 2020;
2. As documented in the Zoning Ordinance Consistency Table (Exhibit 4), the
proposed project will be consistent with the objectives of the Zoning Ordinance;
and
3. The proposed project will be consistent with the purposes of Environmental and
Design Review Permits, given that; the project will maintain and improve the
quality of, and relationship between, development and the surrounding area to
Exhibit 2
File Nos. UP19-013, ED19-030, & V19-003 4
contribute to the attractiveness of the City, as determined during the review of
the project by the Board during three (3) separate meetings (conceptual review
on February 5, 2019 and formal design review on December 17, 2019 and
February 19, 2020). On February 19, 2020, the Board unanimously
recommended approval of the site and building design, as revised and
presented.
B. The project design, as revised and conditioned, is consistent with all applicable site,
architecture and landscaping design criteria and guidelines for the High-Density
Residential (HR1) District in which the project site is located, given that;
1. The project will be consistent with the maximum allowable density for the site,
which is 6 units based on 6,264 sq. ft. of total lot area, subject to a request for an
automatic density bonuses under the State Density Bonus law after meeting
mandatory affordable housing requirements (By providing 1 affordable rental
unit, the project is eligible for up to 3 bonus density units. The project proposes 1
density bonus unit);
2. The project will be consistent with the maximum height allowed (Uniform Building
Code 1997) for the project site, which is 36’ (The project proposes a 35’ building
height);
3. The project will be consistent with the minimum required front yard setback,
which is 15’ front (Shaver St. frontage);
4. The project will be consistent with the minimum required street side yard setback
(Third St. frontage), subject to the approval of a requested setback reduction as
an automatic concession under the State Density Bonus law after meeting
mandatory affordable housing requirements (reduced from 10’ to 8’);
5. The project will be consistent with the minimum required interior side yard
setback (shared with the commercial office at 220 Shaver St.), subject to the
approval of a requested setback reduction as a Variance (reduced from 5’ to
zero or 0’) and separate findings have been made below;
6. The project will be consistent with the minimum required garage setback (Shaver
St.), subject to the approval of a requested setback reduction as a Variance
(reduced from 20’ to 15’) and separate findings have been made below;
7. The project will be consistent with the maximum allowable lot coverage, subject
to the approval of a requested increase in lot coverage as an automatic
concession under the State Density Bonus law after meeting mandatory
affordable housing requirements (increased from 60% to 65%);
8. The project will be consistent with the minimum landscaping requirement for the
project site, which is 50% of the required front and street side yards (The project
proposes 489 sq. ft. of required front yard landscaping where 466 sq. ft. is
required and 1,031 sq. ft. of required street side yard landscaping where 627 sq.
ft. is required);
9. The project will provide 1,552 sq. ft. of private and common outdoor recreational
area or an average of 212.7 sq. ft. of outdoor recreational area per unit where a
minimum of 700 sq. ft. or an average of 100 sq. ft. is required;
10. The project will be consistent with the parking requirement, subject to the
approval of a requested Parking Modification, to reduce the required parking
from 8 to 7 on-site parking spaces by elimination of the required (1 space) guest
parking and separate findings have been made above;
11. The project will be consistent with the compact parking space requirement,
subject to the approval of a requested Parking Modification, to increase the
percentage of compact parking spaces from a maximum of 30% to 50%
Exhibit 2
File Nos. UP19-013, ED19-030, & V19-003 5
(increased from 2 to 4 compact spaces) and separate findings have been made
above;
12. The provisions of Marin Municipal Water District’s (MMWD) most recent water
conservation and new ‘graywater’ requirements apply to the project, where
MMWD approval is required prior to the issuance of any building or grading
permit; and
13. The proposed project will be consistent with review criteria for Environmental and
Design Review Permits (Chapter 14.25 of the Zoning Ordinance), by proposing a
consistent, high-quality architectural design (colors and materials; scale; bulk
and mass; fenestration and articulation) throughout the project site.
C. The project design, as revised and conditioned, minimizes adverse environmental
impacts, given that;
1. The project design includes storm water retention areas or ‘bioswales’ which will
have the effect of creating a ‘no net change’ in the rate of storm water drainage
on the project site, as determined and recommended for approval by the City
Engineer after reviewing submitted drainage plans for the project;
2. The project site is already significantly developed and disturbed and neither
contains, nor is immediately contiguous to, recognizable wetlands, creeks or
similarly sensitive environmental features, and it has not been identified in the
San Rafael General Plan 2020 (Exhibit 38 – Threatened and Endangered
Species) as a general location were threatened and endangered species have
been previously observed or maintain a suitable habitat for their likely presence
to be found; and
3. The project is exempt from CEQA pursuant to CEQA Guidelines Section 15332
(In-Fill Development Projects), as determined by staff (see determination below).
D. The project design, as revised and conditioned, will not be detrimental to the public
health, safety or welfare, or materially injurious to properties or improvements in the
vicinity, or to the general welfare of the City, given that; the project has been reviewed
by appropriate City departments, non-City agencies, the appropriate surrounding
neighborhood groups (Downtown Business Improvement District and Federation of San
Rafael Neighborhoods), interested parties, and the Design Review Board during three
(3) separate meetings (conceptual review on February 5, 2019 and formal design review
on December 17, 2019 and February 19, 2020). On February 19, 2020, the Board
unanimously recommended approval of the site and building design, as revised and
presented.
Variance (V19-003)
Findings
A. Because of special circumstances are applicable to the site, including size, shape,
topography, location or surroundings, strict application of the side yard setback
requirements and retaining wall height deprives the properties of privileges enjoyed by
other properties in the vicinity and within the same High-Density Multifamily Residential
(HR1) District, given that: the site is a triangular-shaped corner lot (Third St. and Shaver
St.) which eliminates the rear yard and has an average width of 48’ where a minimum
60’ lot width is required. These inherent lot characteristics significantly impact site
design;
Exhibit 2
File Nos. UP19-013, ED19-030, & V19-003 6
B. The Variance will not constitute a grant of special privileges inconsistent with
development limitations on other properties in the vicinity and within the same HR1
District, given that: there exist multiple lots in the vicinity of the site, within the same city
block and within the same HR1 District zoning designation, which have similar existing
legal nonconforming development encroachments into the required yard setbacks,
including, but not limited to, 103, 105, 107, 109, 111-117, and 220 Shaver St. and the
existing single-family residence located on the project site;
C. Granting the Variance does not authorize a use or activity which is not otherwise
expressly authorized in the HR1 District in which the site is located, given that. 1)
Multifamily residential land use is permitted by right in the HR1 District; and 2) The
project will essentially continue the existing interior side yard setback encroachment,
from the existing single-family residence constructed on the project site; and
D. Granting the Variance will not be detrimental or injurious to property or improvements in
the vicinity of the site, or to the public health, safety or general welfare, given that; 1)
The project will be compliant with the required front yard setback (15’) and street side
setback, to subject to the approval of a requested setback reduction as an automatic
concession under the State Density Bonus law after meeting mandatory affordable
housing requirements (reduced from 10’ to 8’); 2) The project will be compliant with the
required safe sight distance/vision triangle (15’) for the driveway along Shaver St.,
subject to final review of the landscape plan by the City Engineer; 3) The project will not
negatively impact the use or enjoyment of the existing, active outdoor recreation areas,
or solar access, on the immediate adjacent property at 220 Shaver St., which is setback
approximately 75’ from the common interior side property line; and 4) The project has
been reviewed by the appropriate City departments and non-city agencies, including the
Chief Building Official and the Deputy Fire Chief, who have recommended approval of
the project after determining the project design complies with all applicable building and
fire codes.
California Environmental Quality Act (CEQA)
Findings
Pursuant to CEQA (California Environmental Quality Act) Guidelines Section 15061, the
proposed project is exempt from CEQA pursuant to CEQA Guidelines Section 15332 (In-Fill
Development Projects). A Class 32 categorical exemption under the CEQA Guidelines applies
to this in-fill development project by meeting specific criteria listed below:
a) The project is consistent with all applicable General Plan and policies and Zoning
Ordinance regulations as documented by the attached consistency tables (see
Exhibits 3 and 4);
b) The proposed development is located with the city limits on a project site no more
than five (5) acres substantially surrounded by urban uses given that the project site
is 6,264 sq. ft. (0.13 acre) in area. The project site is located within the jurisdictional
boundaries of the City of San Rafael and is surrounded by urban development;
c) The project site has no value as habitat for endangered, are or threatened species
given that the project site, and all of Downtown, is not identified in the General Plan
(Conservation Element; Exhibit 38, “Threatened and Endangered Species” map) as
containing suitable or critical habitat to sustain threatened and endangered species;
Exhibit 2
File Nos. UP19-013, ED19-030, & V19-003 7
d) Approval of the project would not result in any significant impacts to traffic, noise, air
quality or water quality given that appropriate studies were conducted, submitted
and reviewed by the appropriate city departments. The results are that no significant
impacts would result from the project which cannot be mitigated with standard
conditions of approvals
e) The project site can be adequately served by all required utilities and public services
given that the site is currently served, and will continue to be served, by City services
and non-city agency service providers and the applicable service providers have
indicated, through design or conditions, support for the project.
BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Rafael
does hereby approve the Use Permit (UP19-013), Environmental and Design Review Permit
(ED19-030) and Variances (V19-003), including concessions under the State Density Bonus
law and Parking Modifications, based on the findings of fact above and, subject to the following
conditions of approval:
Use Permit (UP19-013)
Conditions of Approval
General and On-Going
Community Development Department, Planning Division
1. This Use Permit approves a Parking Modification to allow the elimination of guest parking (1
space) and the reduction in total required on-site parking, from eight (8) parking spaces to
seven (7) parking spaces.
2. This Use Permit approves a Parking Modification to allow the increase in percentage of
compact parking spaces for the project, from 30% (2 spaces) to 50% (4 spaces).
3. This Use Permit does not allow the subsequent conversion of the approved residential
‘rental’ units or apartments without a separate Tentative Map application submittal to the
Community Development Department, Planning Division, in compliance with Subdivision
Ordinance (currently Sections 15.02.02 - .04 of the SRMC), and review and approval by the
Planning Commission. It is strongly recommended that Tentative Map approval be obtained
prior to Building Permit issuance for the project. A Tentative Map application shall also
require submittal to amend this Use Permit and the Environmental and Design Review
Permit (ED19-030) for the project
4. This Use Permit shall run with the land and shall remain valid regardless of any change- of
ownership of the project site, subject to these conditions. This Use Permit will fully vest once
a building/grading permit is issued and ‘substantial construction’ is commenced or a time
extension request is submitted to the City’s Community Development Department, Planning
Division, within two (2) years of original approval, or by April 14, 2022 (‘Substantial
construction’ is defined as the pouring of all required foundations and the installation of
vertical components, such as exterior walls). Failure to obtain a grading/building permit and
commence ‘substantial construction’ or submit a time extension request by the specified
date will result in the expiration of this Use Permit.
5. This Use Permit shall run concurrently with the Environmental and Design Review Permit
(ED19-030) and Variance (V19-003) approvals. If the Environmental and Design Review
Exhibit 2
File Nos. UP19-013, ED19-030, & V19-003 8
Permit and Variance approvals expire, this Use Permit approval shall also expire and
become invalid.
Environmental and Design Review Permit (ED19-030)
Conditions of Approval
General and On-Going
Community Development Department, Planning Division
1. The building techniques, colors, materials, elevations and appearance of the project, as
presented to the Planning Commission at their April 14, 2020 hearing, and on file with the
Community Development Department, Planning Division, shall be the same as submitted for
building permits, subject to these conditions. Minor modifications or revisions to the project
shall be subject to review and approval of the Community Development Department,
Planning Division. Further modifications deemed not minor by the Community Development
Director shall require review and approval by the original decision-making body, the
Planning Commission and may require review and recommendation by the City’s Design
Review Board.
2. The approved colors for the project are a combination of smooth stucco finish (Dryvit
Natural White 103, Freestyle and Dryvit Mountain Fog 132, Freestyle) along the ground-
floor base and clerestory and tongue-and-groove horizontal wood siding (Thermory Ash
Cladding C20, ¾” thickness) along the upper stories. Black composition roof singles
(CertainTeed Landmark Designer “More Black”) and dark bronze anodized casement and
sliding window, door and roof flashing are also approved. Any future modification to the
color palette shall be subject to review and approval by the Planning Division and those
modifications not deemed minor shall be referred to the Design Review Board for review
and recommendation prior to approval by the Planning Division.
3. This Environmental and Design Review Permit approves the demolition of one (1) single-
family residence on the site and the construction of a new 7-unit, multifamily ‘rental’
residential building with ground-floor garage parking and associated site improvements
(drainage and landscaping).
4. All ‘off-haul’ of excavation, delivery of materials and delivery/pick-up of construction
equipment shall occur during off -peak weekday hours, between 9:00 a.m. and 4:00 p.m.,
Monday through Friday only.
5. Consistent with the standard noise ordinance requirements for construction (SRMC Chapter
8.13), all grading and construction activities shall be limited to 7 a.m. to 6 p.m., Monday
through Friday, and 9 a.m. to 6 p.m., Saturdays. All grading and construction activities are
strictly prohibited on Sundays and State- or federally-recognized holidays.
6. Final landscape and irrigation plans for the project shall comply with the provisions of Marin
Municipal Water District’s (MMWD) most recent water conservation ordinance and
graywater recycling system requirements. Construction plans submitted for issuance of
building/grading permit shall be pre-approved by MMWD and stamped as approved by
MMWD or include a letter from MMWD approving the final landscape and irrigation plans.
Modifications to the final landscape and irrigation plans, as required by MMWD, shall be
subject to review and approval of the Community Development Department, Planning
Division.
Exhibit 2
File Nos. UP19-013, ED19-030, & V19-003 9
7. All new landscaping shall be irrigated with an automatic drip system and maintained in a
healthy and thriving condition, free of weeds and debris, at all times. Any dying or dead
landscaping shall be replaced in a timely fashion.
8. All site improvements, including but not limited to the site lighting, hardscape, and
fencing/gates shall be maintained in good, undamaged condition at all times. Any damaged
improvements shall be replaced in a timely manner.
9. The site shall be kept free of litter and garbage. Any trash, junk or damaged materials that
are accumulated on the site shall be removed and disposed of in a timely manner.
10. All public streets and sidewalks and on-site streets which are privately owned that are
impacted by the grading and construction operation for the project shall be kept clean and
free of debris at all times. The general contractor shall sweep the nearest street and
sidewalk adjacent to the site on a daily basis unless conditions require greater frequency of
sweeping.
11. All submitted building permit plan sets shall include a plan sheet incorporating these
conditions of approval.
12. If archaeological or cultural resources are accidentally discovered during excavation/grading
activities, all work will stop within 100 feet of the resource and the qualified archaeologist
will be notified immediately. The qualified archaeologist will contact Federated Indians of
Graton Rancheria (FIGR) and the Planning Division and coordinate the appropriate
evaluation of the find and implement any additional treatment or protection, if required. No
work shall occur in the vicinity until approved by the qualified archaeologist, FIGR and
Planning staff. Prehistoric resources that may be identified include, but shall not be limited
to, concentrations of stone tools and manufacturing debris made of obsidian, basalt and
other stone materials, milling equipment such as bedrock mortars, portable mortars and
pestles and locally darkened soils (midden) that may contain dietary remains such as shell
and bone, as well as human remains. Historic resources that may be identified include, but
are not limited to, small cemeteries or burial plots, structural foundations, cabin pads, cans
with soldered seams or tops, or bottles or fragments or clear and colored glass.
13. If human remains are encountered (or suspended) during any project-related activity, all
work will halt within 100 feet of the project and the County Coroner will be contacted to
evaluate the situation. If the County Coroner determines that the human remains are of
Native American origin, the County Coroner shall notify FIGR within 24-hours of such
identification who will work with Planning staff to determine the proper treatment of the
remains. No work shall occur in the vicinity without approval from Planning staff.
14. Applicant agrees to defend, indemnify, release and hold harmless the City, its agents,
officers, attorneys, employees, boards and commissions from any claim, action or
proceeding brought against any of the foregoing individuals or entities ("indemnities"), the
purpose of which is to attack, set aside, void or annul the approval of this application or the
adoption of any environmental document which accompanies it. This indemnification shall
include, but not be limited to, damages, costs, expenses, attorney fees or expert witness
fees that may be asserted or incurred by any person or entity, including the applicant, third
parties and the indemnities, arising out of or in connection with the approval of this
application, whether or not there is concurrent, passive or active negligence on the part of
the indemnities.
Exhibit 2
File Nos. UP19-013, ED19-030, & V19-003 10
15. In the event that any claim, action or proceeding as described above is brought, the City
shall promptly notify the applicant of any such claim, action or proceeding, and the City will
cooperate fully in the defense of such claim, action, or proceeding. In the event the
applicant is required to defend the City in connection with any said claim, action or
proceeding, the City shall retain the right to: 1) approve the counsel to so defend the City; 2)
approve all significant decisions concerning the manner in which the defense is conducted;
and 3) approve any and all settlements, which approval shall not be unreasonably withheld.
Nothing herein shall prohibit the City from participating in the defense of any claim, action or
proceeding, provided that if the City chooses to have counsel of its own to defend any claim,
action or proceeding where applicant already has retained counsel to defend the City in
such matters, the fees and the expenses of the counsel selected by the City shall be paid by
the City.
16. As a condition of this application, applicant agrees to be responsible for the payment of all
City Attorney expenses and costs, both for City staff attorneys and outside attorney
consultants retained by the City, associated with the reviewing, processing and
implementing of the land use approval and related conditions of such approval. City
Attorney expenses shall be based on the rates established from time to time by the City
Finance Director to cover staff attorney salaries, benefits, and overhead, plus the actual
fees and expenses of any attorney consultants retained by the City. Applicant shall
reimburse the City for City Attorney expenses and costs within thirty (30) days following
billing of same by the City.
17. This Environmental and Design Review Permit shall run with the land and shall remain valid
regardless of any change of ownership of the project site, subject to these conditions. This
Environmental and Design Review Permit will fully vest once a building/grading permit is
issued and ‘substantial construction’ is commenced or a time extension request is submitted
to the City’s Community Development Department, Planning Division, within two (2) years
of original approval, or by April 14, 2022 (‘Substantial construction’ is defined as the
pouring of all required foundations and the installation of vertical components, such as
exterior walls). Failure to obtain a grading/building permit and commence ‘substantial
construction, or failure to obtain a time extension within the two-year period, will result in the
expiration of this Environmental and Design Review Permit.
18. This Environmental and Design Review Permit shall run concurrently with the Use Permit
(UP19-013) and Variance (V19-003) approvals. If the Environmental and Design Review
Permit expires, the Use Permit and Variance approvals shall also expire and become
invalid.
Prior to Issuance of Demolition Permits
Community Development Department, Building Division
19. Prior to issuance of a demolition permit, the project sponsor shall submit verification that the
requirements of the Bay Area Air Quality Management District (BAAQMD) have been met
and necessary permits have been issued for demolition of the existing buildings.
20. Prior to the issuance of a demolition permit, the applicant shall submit written verification
from a pest control consultant indicating that the project site has been serviced to eliminate
rodents.
Exhibit 2
File Nos. UP19-013, ED19-030, & V19-003 11
21. Any demolition of existing structures will require a permit. Submittal shall include three (3)
copies of the site plan, asbestos certification and PG&E disconnect notices. Also,
application must be made to the Bay Area Air Quality Management District prior to obtaining
the permit and beginning work.
Public Works Department
22. Prior to demolition permit, the applicant shall submit a detailed traffic control plan for review
and approval of the traffic division. All traffic from any off -haul of demolition materials shall
be conducted outside of the A.M. or P.M. peak hours (after 9:00 A.M and before 4:00 P.M.).
23. All construction staging shall occur on-site or another site with appropriate approvals from
property owner. No staging shall occur on City right-of-way without review and approval of
the Public Works Department.
24. A plan for the demolition shall be submitted for review and approval of the City Traffic
Engineer. This plan shall indicate the haul/truck routes, size of trucks to be used for hauling
off-haul and the frequency/times of any off-haul.
Prior to Issuance of Grading/Building Permits
Community Development Department, Planning Division
25. To reduce potential temporary construction and grading noise impacts on the project site to
meet the City’s 90 dBA noise limit, the applicant shall demonstrate to the satisfaction of the
Community Development Department, Planning Division, that the project complies with the
following:
A. Construction contracts specify that all construction and grading equipment, fixed or
mobile, shall be equipped with properly operating and maintained mufflers and other
State-required noise attenuation devices.
B. Property owners and occupants located within 250 feet of the project boundary shall
be sent a notice, at least 15-days prior to commencement of construction or grading
of each phase, regarding the construction or grading schedule of the project. A sign,
legible at a distance of 50 feet (50’) shall also be posted at the project site. All
notices and signs shall be reviewed and approved the Community Development
Director (or designee), prior to mailing or posting and shall indicate the dates and
duration of construction or grading activities, as well as provide a contact name and
a telephone number where residents and business owners can inquire about the
construction or grading process and register complaints.
C. The General Contractor shall provide evidence that a construction staff member
would be designated as a Noise Disturbance Coordinator and would be present on-
site during construction or grading activities. The Noise Disturbance Coordinator
shall be responsible for responding to any local complaints about construction or
grading noise. When a complaint is received, the Noise Disturbance Coordinator
shall notify the Community Development Department, Planning Division, within 24-
hours of the compliant and determine the cause of the noise complaint (e.g., starting
too early, bad muffler, etc.) and shall implement reasonable measures to resolve the
complaint, as deemed acceptable by the Community Development Director (or
designee). All notices that are sent to residential units and business owners
immediately surrounding the project site and all signed posted at the project site
Exhibit 2
File Nos. UP19-013, ED19-030, & V19-003 12
shall include the contact name and telephone number for the Noise Disturbance
Coordinator.
D. The applicant shall demonstrate to the satisfaction of the Community Development
Director (or designee) that construction and grading noise reduction methods shall
be used where feasible. These reduction methods include shutting-off idling
equipment, installing temporary acoustic barriers around stationary construction and
grading noise sources, maximizing the distance between construction and grading
staging areas and occupied residential and commercial areas, and electric air
compressors and similar power tools.
E. Construction and excavation/grading off-haul truck routes shall be designed to avoid
noise sensitive uses (e.g., residences, assisted senior living facilities, hospitals, etc.)
to the greatest extent feasible.
F. During construction and grading, stationary equipment shall be placed such that
emitted noise is directed away from sensitive noise receivers.
26. The project sponsor shall inform the contractor, general contractor or site supervisor of
these requirements and shall be responsible for informing subcontractors of these
requirements and for implementing these measures on the site.
27. Any outstanding Planning Division application processing fees shall be paid prior to grading
or building permit issuance.
28. All mechanical equipment (i.e., air conditioning units, meters and transformers) and
appurtenances not entirely enclosed within the building shall be fully-screened from public
view. The method used to accomplish the screening shall be indicated on the building plans
and approved by the Planning Division.
29. An acoustical study, by a qualified (licensed) acoustical engineer, shall be submitted to the
Community Development Department, Planning Division, for review and approval with
recommendations on window, balcony door, and exterior wall STC rating requirements to
comply with acceptable interior noise levels (40 dBA in bedrooms and 45 dBA in all other
rooms) and outdoor common areas (60 dBA) adopted by the City. This acoustical study also
shall review any alternate means of achieving outdoor air and confirm that any mechanical
ventilation system will not compromise the noise reduction provided by the recommended
window, balcony door and wall assemblies. The construction drawings for the project shall
incorporate all measures identified in the acoustical study to mitigate ambient noise impacts.
30. A Lighting Plan/Photometric study shall be submitted for review and approval with the
Building Permit plans and shall provide the following illumination levels: a) A minimum of
one (1) foot candle at ground level overlap at all exterior doorways and throughout the
vehicle parking area; b) A minimum of one-half (1/2) foot candle at ground level overlap on
all outdoor pedestrian walkways and common areas; and c) A maximum one (1) foot candle
at ground level overlap at all property lines.
31. A Construction Management Plan (CMP) shall be prepared and submitted to the
Community Development Department, Planning Division, for review and approval of both
Community Development Department and Department of Public Works. The CMP shall
include
Exhibit 2
File Nos. UP19-013, ED19-030, & V19-003 13
a. Projected schedule of work,
b. Projected daily construction truck trips,
c. Proposed construction truck route, location of material staging areas,
d. Location of construction trailers, location of construction worker parking,
e. Designated contact information for contractor and property owner to be posted on
site in case of noise or other construction-related activities.
f. Statement that the project shall conform to the City’s Noise Ordinance (Chapter 8.13
of the San Rafael Municipal Code),
g. Statement that no construction truck traffic shall encroach into any of the
surrounding residential neighborhood streets at any time, and
h. Statement that the existing roadway conditions on Third St. and Shaver St. shall be
memorialized on digital recording format prior to the start of construction and that the
project sponsor shall be required to repair any roadway damage created by the
additional construction truck traffic.
i. In the event that the CMP is conflicting with any conditions imposed by the grading
permit for the project, the more restrictive language or conditions shall prevail.
32. The project shall mitigate potential air quality impacts associated with construction and
grading activities by preparing and submitting a Dust Control Plan to the City of San Rafael
Community Development Department for review and approval. This Dust Control Plan shall
implement BAAQMD (Bay Area Air Quality Management District) established standard
measures (Basic Construction Mitigation Measures) for reducing fugitive dust emissions,
including but not limited to:
• All exposed surfaces (e.g., parking areas, staging areas soil piles, graded areas and
unpaved access roads) shall be watered two times per day.
• All haul trucks transporting soil, sand, or other loose material off -site shall be
covered.
• All visible mud or dirt tracked-out onto adjacent public roads shall be removed using
wet power vacuum street sweepers at least once per day. The use of dry power
sweeping is prohibited.
• All vehicle speeds on unpaved roads shall be limited to 15 mph.
• All roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible.
• Building pads shall be laid as soon as possible after grading unless seeding or soil
binders are used.
• Idling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to five (5) minutes (as required by the California
airborne toxics control measure; Title 13, Section 2485 of California Code of
Regulations (CCR)). Clear signage shall be provided for grading and construction
workers at all access points.
• All construction equipment shall be maintained and properly tuned in accordance
with manufacturer’s specifications. All equipment shall be checked be a certified
mechanic and determined to be running in proper condition prior to operation.
33. The Project sponsor shall inform the contractor, general contractor or site supervisor of
these requirements and shall be responsible for informing subcontractors of these
requirements and for implementing these measures on the site.
34. A dust control / noise control coordinator shall be designated for the Project.
Exhibit 2
File Nos. UP19-013, ED19-030, & V19-003 14
a. A publicly visible sign shall be posted on the site with the telephone number and the
name of person regarding dust or construction complaints. This person shall be the
applicant or contractor team and shall have the authority to take corrective action.
The coordinator shall respond to any complaints and take corrective action within 48
hours of receipt. The BAAQMD phone number and City of San Rafael phone
numbers shall also be visible to ensure compliance with applicable regulations.
b. Prior to issuance of the building permit, the form, design and content of the sign
shall be reviewed and approved by the Planning Division.
35. The project shall comply with the City’s affordable housing requirement with State Density
Bonus (currently Section 14.16.030 of the SRMC) by providing a minimum of one (1)
affordable housing unit(s) at the very low-income household level. The project sponsor is
required to enter into a BMR (below market rate) agreement with Marin Housing Authority
(MHA), deed-restricting the income level for occupancy of the affordable unit(s), and obtain
City Council approval of the BMR agreement. The configuration of the BMR unit (s) shall
reflect the generally configuration of the project by providing one (1) 2-bedroom BMR
unit(s). This BMR unit may ‘float’ throughout the building on a yearly basis since the project
provides “rental” units. The BMR unit(s) shall be comparable in size, finishes and unit
mixture to the market rate units. By complying with the City’s affordable housing
requirement, the project is approved for two (2) concessions under the State Density Bonus
law: 1) An increase in maximum lot coverage, from 60% to 65%; and 2) A decrease in the
required street side setback, from 10’ to 8’.
Department of Public Works
36. Show the proposed grading on the construction drawings, including cut and fill amounts. For
projects with earthwork of 50 CYDS (cubic yards) or more, a grading permit shall be
required from the Department of Public Works (111 Morphew St.). Any grading permit
submittal shall include a site-specific erosion and sediment control plan
37. The project is proposed as a new apartment building. However, if subdivision is pursued to
create condominium units, additional frontage and infrastructure improvements may be
required, including but not limited to, installation of a storm drainage system to connect to
existing facilities and full-width street repaving of non-moratorium streets.
38. The applicant shall obtain confirmation from the Land Development Engineer, Department
of Public Works, that the monument sign and landscaping located at the corner of Third and
Shave St. complies with the safe sight distance or vision triangle requirements pursuant to
Section 14.16.295 (Sight Distance) of the SRMC.
39. It is recommended that the trash enclosure not swing into the accessible aisle. However, at
a minimum, the trash enclosure shall include self -closing mechanisms so that the
accessible aisle will be kept clear at all times.
40. Due to the reduced garage setback, any garage gate system shall include remote activation
to prevent queueing onto Shaver St.
41. An encroachment permit shall be required from the Department of Public Works prior to any
work within the Right-of-Way.
42. Show the frontage improvements on the construction drawings. New sidewalk, curb and
gutter shall be required for the length of the property along Shaver St., including the existing
Exhibit 2
File Nos. UP19-013, ED19-030, & V19-003 15
curb ramp on the adjacent property (220 Shaver St.). New sidewalk, curb, gutter for the
existing unused driveway apron shall be required along Third St., including those areas
currently not in compliance with accessibility requirements.
During construction and prior to repaving, the City may install conduit within disturbed areas
of the frontages. The applicant shall coordinate with the Department of Public Works.
43. This project proposes new impervious surface. Show all new impervious surface (created or
replaced). Projects over 5,000 square feet of total new impervious area are regulated under
MCSTOPPP (Marin County Stormwater Pollution Prevention Program) requirements.
Projects over 2,500 square feet but less than 5,000 square feet of total new impervious
surface area are considered “small projects” under MCSTOPPP. Provide a stormwater
control plan, which includes a written document, in addition to an erosion control plan,
according to the amount of total new impervious surface area. A stormwater facilities
maintenance agreement may be required. More specific information is available from
MCSTOPPP, hosted on the Marin County Website. See tools and guidance, and post
construction requirements at:
http://www.marincounty.org/depts/pw/divisions/mcstoppp/development/new-and-
redevelopment-projects.
44. A construction vehicle impact fee shall be required at the time of building permit issuance;
which is calculated at 1% of the valuation, with the first $10,000 of valuation exempt.
45. A traffic mitigation fee shall be required at building permit issuance. Based on the proposed
plans, the project results in an increase of 5 new net peak hour (2 a.m. and 3 p.m.) traffic
trips and shall pay a traffic mitigation fees of $21,230 (currently $4,246 x 5).
San Rafael Sanitation District (SRSD)
46. If a new or separate sewer lateral is proposed to extend to the sewer mainline, please
include Civil/Utility plans with the construction drawings which comply with SRSD Standards
for review and approval.
47. New sewer connection fees are required for the new residential units prior to building permit
issuance.
48. Credit for existing plumbing fixtures has not been calculated. In order to receive credit for
these fixtures in the existing buildings proposed for demolition, the project sponsor shall
submit plans to SRSD which include a full inventory of the existing facilities accompanied by
photos.
Community Development Department, Building Division
49. School fees will be required for the project, calculated by, and to be paid to, the San Rafael
City School District, prior to issuance of a building permit (currently located at 310 Nova
Albion Way, San Rafael, CA 94903). Proof of payment shall be submitted to the Building
Division prior to issuance of the building permit.
50. Prior to any use or occupancy of this building or structure or any portion there of a
“Certificate of Occupancy” must be issued by the Chief Building Official pursuant to
California Building Code Section 111.1. Failure to secure a “Certificate of Occupancy” is a
violation and will result in a $500 citation per day that the violation continues.
Exhibit 2
File Nos. UP19-013, ED19-030, & V19-003 16
51. The design and construction of all site alterations shall comply with the current editions of
the California Building Code, Plumbing Code, Electrical Code, California Mechanical Code,
California Fire Code, California Energy Code, Title 24 California Energy Efficiency
Standards, California Green Building Standards Code and City of San Rafael Ordinances
and Amendments.
52. A building permit is required for the proposed work. Applications shall be accompanied by
four (4) complete sets of construction drawings to include:
a) Architectural plans
b) Structural plans
c) Electrical plans
d) Plumbing plans
e) Mechanical plans
f) Site/civil plans (clearly identifying grade plan and height of the building)
g) Structural Calculations
h) Truss Calculations
i) Soils reports
j) Green Building documentation
k) Title-24 energy documentation
53. Based on the distance to the property line (and/or adjacent buildings on the same parcel),
the building elements shall have a fire resistive rating not less than that specified in CBC
Table 601 and exterior walls shall have a fire resistive rating not less than that specified in
CBC Table 602.
54. Cornices, eaves overhangs, exterior balconies and similar projections extending beyond the
floor area shall conform to the requirements of CBC 705.2. Projections shall not extend
beyond the distance determined by the following two methods, whichever results in the
lesser projection:
a) A point one-third the distance from the exterior face of the wall to the lot line where
protected openings or a combination of protected openings and unprotected
openings are required in the exterior wall.
b) A point one-half the distance from the exterior face of the wall to the lot line where all
openings in the exterior wall are permitted to be unprotected or t he building is
equipped throughout with an automatic sprinkler system.
c) More than 12 inches into areas where openings are prohibited.
55. The new building contains several different occupancy types. Individual occupancies are
categorized with different levels of hazard and may need to be separated from other
occupancy types for safety reasons. Under mixed-occupancy conditions the project
architect has available several design methodologies (accessory occupancies, non-
separated occupancies, and separated occupancies) to address the mixed-occupancy
concerns.
56. The maximum area of unprotected and protected openings permitted in the exterior wall in
any story of a building shall not exceed the percentages specified in CBC Table 705.8
“Maximum Area of Exterior Wall Openings Based on Fire Separation Distance and Degree
of Opening Protection.” To calculate the maximum area of exterior wall openings you must
provide the building setback distance from the property lines and then justify the percentage
of proposed wall openings and include whether the opening is unprotected or protected:
Exhibit 2
File Nos. UP19-013, ED19-030, & V19-003 17
• 15% exterior wall openings (in any story) in sprinklered buildings where the openings
are 3’ to less than 5’ from the property line or buildings on the same property.
• 25% exterior wall openings (in any story) in sprinklered buildings where the openings
are 5’ to less than 10’ from the property line or buildings on the same property.
• 45% exterior wall openings (in any story) in sprinklered buildings where the openings
are 10’ to less than 15’ from the property line or buildings on the same property
57. The new building shall have address identification placed in a position that is plainly legible
and visible from the street or road fronting the property. Numbers painted on the curb do not
satisfy this requirement. For new buildings, the address shall be internally-illuminated or
externally-illuminated and remain illuminated at all hours of darkness. Number shall be a
minimum 6 inches in height with ½ inch stroke for commercial applications. The address
shall be contrasting in color to their background (SMC 12.12.20).
58. Any demolition of existing structures shall require a permit. Demolition permit submittal shall
include three (3) copies of the site plan, asbestos certification and PG&E disconnect notice.
All required permits from the Bay Area Air Quality Management District shall be obtained
and documentation provided prior to building permit issuance and any work commencing.
59. A grading permit is required for any grading or site remediation, soils export, import and
placement. Provide a detailed soils report prepared by a qualified engineer to address these
procedures. In particular, the report should address the import and placement and
compaction of soils at future building pad locations and should be based on an assumed
foundation design. This information should be provided to Building Division and Department
of Public Works for review and comments prior to any such activities taking place.
60. Prior to building permit issuance for the construction of the new building, geotechnical and
civil pad certifications are to be submitted. Building pad locations will have to be surveyed
and marked prior to placement of foundations.
61. Ventilation area required, the minimum openable area to the outdoors is 4 percent of the
floor area being ventilated CBC 1203.5.1 or mechanical ventilation in accordance with the
California Mechanical Code.
62. Natural light, the minimum net glazed area shall not be less than 8 percent of the floor area
of the room served CBC 1205.2 or shall provide artificial light in accordance with CBC
1205.3.
63. Walls separating purposed tenant space from existing neighboring tenant spaces must be a
minimum of 1-hour construction.
64. All site signage as well as wall signs require a separate permit and application (excluding
address numbering).
65. You must apply for a new address for this building from the Building Division.
66. Monument sign(s) located at the driveway entrance(s) shall have address numbers posted
prominently on the monument sign and shall be compliant with the safe sight distance/vision
triangle (Section 14.16.295 of the SRMC).
Exhibit 2
File Nos. UP19-013, ED19-030, & V19-003 18
67. In the parking garage, mechanical ventilation will be required capable of exhausting a
minimum of .75 cubic feet per minute per square foot of gross floor area pursuant to CMC
Table 4-4.
68. In the parking garage, in areas where motor vehicles are stored, floor surfaces shall be of
noncombustible, nonabsorbent materials. Floors shall drain to an approved oil separator or
trap discharging to sewers in accordance with the Plumbing Code and SWIPP.
69. The parking garage ceiling height shall have a minimum vertical clearance of 8’ 2” where
required for accessible parking.
70. The project shall be designed to provide access to the physically disabled in accordance
with requirements of Title-24, California Code of Regulation. For existing buildings and
facilities when alterations, structural repairs or additions are made, accessibility
improvements for persons with disabilities may be required. Improvements shall be made,
but are not limited to, the following accessible features:
a) Path of travel from public transportation point of arrival
b) Routes of travel between buildings
c) Accessible parking
d) Ramps
e) All public entrances
f) Sanitary facilities (restrooms)
g) Drinking fountains & Public telephones (when provided)
h) Accessible features per specific occupancy requirements
i) Accessible special features, (i.e., ATM's point of sale machines, etc.)
71. The site development of items such as common sidewalks, parking areas, stairs, ramps,
common facilities, etc. are subject to compliance with the accessibility standards contained
in Title-24, California Code of Regulations. Pedestrian access provisions should provide a
minimum 48" wide unobstructed paved surface to and along all accessible routes. Items
such as signs, meter pedestals, light standards, trash receptacles, etc., shall not encroach
on this 4' minimum width. Also, note that sidewalk slopes and side slopes shall not exceed
published minimums per California Title 24, Part 2. The civil, grading and landscape plans
shall address these requirements to the extent possible.
72. Multistory apartment buildings with three (3) or more residential units or condominium
buildings with four (4) or more residential units shall provide at least 10% of the dwelling
units, but no less than one (1) dwelling unit, which comply with the accessible requirements
per CBC 1102A.3, as follows:
a) The primary entry to the dwelling unit shall be on an accessible route unless
exempted by site impracticality tests in CBC Section 1150A.
b) At least one powder room or bathroom shall be located on the primary entry level,
served by an accessible route.
c) All rooms or spaces located on the primary entry level shall be served by an
accessible route. Rooms and spaces located on the primary entry level and subject
to this chapter may include but are not limited to kitchens, powder rooms,
bathrooms, living rooms, bedrooms or hallways.
73. Minimum shower size in the fully accessible room must be a minimum of 60” wide by 30”.
Exhibit 2
File Nos. UP19-013, ED19-030, & V19-003 19
74. Multifamily dwelling and apartment accessible parking spaces shall be provided at a
minimum rate of 2 percent of the covered multifamily dwelling units. At least one space of
each type of parking facility shall be made accessible even if the total number exceeds 2%.
75. When parking is provided for multifamily dwellings and is not assigned to a resident or a
group of residents, at least 5% of the parking spaces shall be accessible and provide
access to grade-level entrances of multifamily dwellings and facilities (e.g. swimming pools,
club houses, recreation areas and laundry rooms) that serve the dwellings. Accessible
parking spaces shall be located on the shortest accessible route to an accessible building,
or dwelling unit entrance.
76. Public accommodation disabled parking spaces must be provided according the following
table and must be uniformly distributed throughout the site:
Total Number of Parking
Spaces
Provided
Minimum Required Number of
H/C Spaces
1 to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
501 to 1,000 Two percent of total
1,001 and over Twenty, plus one for each 100
or fraction thereof over 1,001
77. At least one (1) disabled parking space shall be van-accessible, 9’ in width plus an 8’-wide
off- load area or 17’-wide overall. Additionally, one in every eight required handicap spaces
shall be van accessible.
78. The proposed residential units shall meet the sound attenuation requirements of CBC
Chapter 12. In particular, the residential units facing Third St.may require special glazing
and/or sound attenuation features to compensate for the adjacent traffic/street noise.
79. This project is subject to the City of San Rafael Green Building Ordinance. A sliding scale is
applied based on the average unit square footage. New multi-family dwellings must comply
with the “Green Building Rating System” by showing a minimum compliance threshold
between 65 and 75 points. Additionally, the energy budget must also be below Title 24
Energy Efficiency Standards a minimum 15%.
San Rafael Fire Department, Fire Prevention Bureau
80. The design and construction of all site alterations shall comply with the current editions of
the California Fire Code and City of San Rafael Ordinances and Amendments.
81. Deferred Submittals for the following fire protection systems shall be submitted to the Fire
Prevention Bureau for approval and permitting prior to installation of the systems:
Exhibit 2
File Nos. UP19-013, ED19-030, & V19-003 20
a) Fire Sprinkler plans (Deferred Submittal to the Fire Prevention Bureau)
b) Fire Underground plans (Deferred Submittal to the Fire Prevention Bureau)
c) Fire Alarm plans (Deferred Submittal to the Fire Prevention Bureau)
82. Show the location of address numbers on the building elevation. The new building shall
have address identification placed in a position that is plainly legible and visible from the
street or road fronting the property. Numbers painted on the curb do not quality as meeting
this requirement. Numbers shall contrast with the background and shall be Arabic numbers
or letters. Numbers shall be internally or externally illuminated in all new construction or
substantial remodels. Number sizes are as follows: For residential, 4”-tall numbers with ½”
stroke. For commercial, 6”-tall numbers with ½” stroke. Larger sizes may be required for the
fire code official or in multiple locations for buildings served by two or more roads.
83. As the building is over 30 feet in height, an aerial fire apparatus access roadway is required
parallel to one entire side of the building.
a) The Aerial apparatus access roadway shall be located within a minimum 15 feet and
a maximum of 30 feet from the building.
b) The minimum unobstructed width for an aerial fire apparatus access road is 26’.
c) Overhead utility and power lines shall not be located within the aerial fire apparatus
access roadway, or between the roadway and the building.
84. Aerial fire apparatus access roads shall be designated “fire lanes”; with curbs painted red
and contrasting white lettering stating “No Parking Fire Lane” and signs shall be posted in
accordance CFC Section 503.3 and to the satisfaction and approval of the San Rafael
Parking Services Division.
85. When a building is fully sprinklered, all portions of the exterior building perimeter shall be
located within 250’ of an approved fire apparatus access road.
86. A fire apparatus access plan shall be prepared for this project. Fire apparatus plan shall
show the location the following:
a) Designated fire apparatus access roads.
b) Red curbs and no parking fire lane signs.
c) Onsite fire hydrants.
d) Fire Department Connection (FDC).
e) Double detector check valve.
f) Street address sign.
g) Recessed Knox Box
h) Fire Alarm annunciator panel.
87. A Knox Box is required at the primary point of first response to the new building (A recessed
mounted Knox Box # 3200 Series; surface mounted Knox Boxes are permitted at all other
entry points). The Knox Box shall be clearly visible upon approach to the main entrance
from the fire lane. Note the Knox Box must be installed from 72” to 78” above finish grade;
show the location on the plans. See https://www.knoxbox.com/commercial-knoxboxes/.
88. The nearest fire hydrant to the project site, located at the northwest corner of Third and
Shaver St., shall be upgraded (Residential model: Clow 950. Commercial model: Clow 960).
Exhibit 2
File Nos. UP19-013, ED19-030, & V19-003 21
89. The project sponsor shall contact MMWD (Marin Municipal Water District) to make
arrangements for the water supply serving the fire protection system.
During Construction
Community Development Department, Planning Division
90. Applicant/contractor shall comply with all conditions of approval related to Construction
Management Plan, and other conditions related to construction impacts.
91. The following measures shall be implemented during the demolition process:
a. Watering shall be used to control dust generation during demolition of structures and
breakup of pavement.
b. All trucks hauling debris from the site shall be covered
c. Dust-proof chutes shall be used to load debris into trucks whenever feasible.
d. A dust control coordinator shall be designated for the project. The name, address
and telephone number of the dust coordinator shall be prominently posted on-site
and shall be kept on file at the Planning Division. The coordinator shall respond
regarding dust complaints promptly (within 24 hours) and shall have the authority to
take corrective action.
Marin Municipal Water District (MMWD)
92. District records indicate that the property’s current annual water entitlement is insufficient to
meet the water demand for the project and the purchase of additional water entitlement will
be required. Additional water entitlement will be available upon request and fulfillment of the
following requirements:
a) Complete a High-Pressure Water Service Application.
b) Submit a copy of the building permit.
c) Pay the appropriate fees and charges.
d) Complete the structure’s foundation within 120 days of the date of application.
e) Comply with the District’s rules and regulations in effect at the time service is
requested, including the installation of a meter per structure per use.
f) Comply with all indoor and outdoor requirements of District Code Title 13 – Water
Conservation. Indoor plumbing fixtures shall meet specific efficiency requirements.
Landscape, irrigation, grading and fixture plans shall be submitted to the District for
review and approval. Any questions regarding District Code Title 13 – Water
Conservation should be directed to the District’s Water Conservation Department at
(415) 945-1497. You may also find information on the District’s water conservation
requirements online at www.marinwater.org.
g) Comply with the backflow prevention requirements, if upon the Districts review
backflow protection is warranted, including installation, testing and maintenance.
Questions regarding backflow requirements should be directed to the Backflow
Prevention Program Coordinator at (415) 945-1558.
h) Comply with California Water Code – Division I, Chapter 8, Article 5, Section 537,
which requires individual metering of multiple living units within newly constructed
structures.
i) Installation of gray water recycling systems is required when practicable.
Pacific Gas & Electric
93. Electric and gas service to the project site will be provided in accordance with the applicable
extension rules, which are available on PG&E’s website at
http://www.pge.com/myhome/customerservice/other/newconstruction or contact (800) PGE-
Exhibit 2
File Nos. UP19-013, ED19-030, & V19-003 22
5000. It is highly recommended that PG&E be contacted as soon as possible so that there
is adequate time to engineer all required improvements and to schedule any site work .
94. The cost of relocating any existing PG&E facilities or conversion of existing overhead
facilities to underground shall be the sole responsibility of the applicant or property owner.
95. Prior to the start excavation or construction, the general contractor shall call Underground
Service Alert (USA) at (800) 227-2600 to have the location of any existing underground
facilities marked in the field.
Prior to Occupancy
Community Development Department, Planning Division
96. Prior to occupancy of any of the units, a post-construction report from an acoustical engineer
shall be submitted to the Planning Division verifying that the multifamily residential units
comply with the interior and common outdoor area noise standards as prescribed by State
Administrative Code standards, Title 25, Part 2.
97. Prior to occupancy of any of the units, a post-construction report from a lighting engineer
shall be submitted to the Planning Division verifying that the lighting levels of the project
comply with the City’s recommended lighting levels (see SRMC Section 14.16.227).
98. Prior to occupancy, the project Geotechnical Engineer shall submit a letter to the City
identifying that the project Geotechnical Engineer inspected the project during the
construction and the project complied with their recommendations and that all
recommendations were property incorporated during construction of the project
99. Final inspection of the project by the Community Development Department, Planning
Division, is required. The applicant shall contact the Planning Division to request a final
inspection upon completion of the project. The final inspection shall require a minimum of
48-hour advance notice.
100. The landscape architect for the project shall submit a letter to the Planning Division,
confirming the landscaping has been installed in compliance with the approved project plans
and the irrigation is fully functioning.
After Occupancy
Community Development Department, Planning Division
101. Following the issuance of a Certificate of Occupancy, all new exterior lighting shall be
subject to a 90-day lighting level review period by the City to ensure that all lighting sources
provide safety for the building occupants while not creating a glare or hazard on adjacent
streets or be annoying to adjacent residents. During this lighting review period, the City may
require adjustments in the direction or intensity of the lighting, if necessary. All exterior
lighting shall include a master photoelectric cell with an automatic timer system, where the
intensity of illumination shall be turned off during daylight.
Exhibit 2
File Nos. UP19-013, ED19-030, & V19-003 23
Variance (V19-003)
Conditions of Approval
General and On-Going
Community Development Department, Planning Division
1. This Variance approves a deviation or reduction in the required garage setback, from 20’ to
15’.
2. This Variance approves a deviation or reduction in the required interior side yard setback,
from 5’ to zero (0).
Department of Public Works – Land Development Division
3. Due to the reduced garage setback, any garage gate system shall include remote activation
to prevent queueing onto Shaver St.
Prior to Issuance of Grading/Building Permits
Community Development Department, Planning Division
4. The applicant shall obtain confirmation from the Land Development Engineer, Department
of Public Works, that the landscaping along the driveway complies with the safe sight
distance or vision triangle requirements pursuant to Section 14.16.295 (Sight Distance) of
the SRMC.
The foregoing Resolution was adopted at the regular City of San Rafael Planning Commission
meeting held on the 14th day of April 2020.
Moved by Commissioner_____________and seconded by Commissioner ________________.
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
SAN RAFAEL PLANNING COMMISSION
ATTEST: BY:
Paul A. Jensen, Secretary Aldo Mercado, Vice Chair
Exhibit 3
TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2020
New 7-Unit Multifamily Residential Building File #: ED19-030; UP19-013; V19-003
104 Shaver St. Title: General Plan 2020 Consistency Table
Exhibit: 3-1
LAND USE ELEMENT
LU-2. Development Timing. For health, safety and
general welfare reasons, new development should only
occur when adequate infrastructure is available consistent
with the following findings:
a. Project-related traffic will not cause the level of
service established in the Circulation Element to be
exceeded;
b. Any circulation improvements needed to maintain the
level of service standard established in the Circulation
Element have been programmed and funding has been
committed;
c. Environmental review of needed circulation
improvement projects has been completed;
d. The time frame for completion of the needed
circulation improvements will not cause the level of
service in the Circulation Element to be exceeded, or
the findings set forth in Policy C-5 have been made;
and
e. Sewer, water, and other infrastructure improvements
will be available to serve new development by the
time the development is constructed
Consistent
The project proposes to redevelop a triangular -shaped, 6,264 sq. ft., Downtown in-fill parcel, currently
served by City infrastructure and services. The project proposes to demolish an existing single-family
residence and construct a new 7-unit multifamily residential apartment building with understory garage
parking and associated site landscape and drainage improvements. The City’s Engineer has reviewed the
project and evaluated its impacts in the City’s traffic model. As a result, the City Engineer has found that
this project: 1) would generate a total of 5 (2 a.m. and 3 p.m.) additional peak hour vehicular trips (daily)
beyond those that have historically existed on the site; and 2) would not adversely affect the LOS for the
nearby intersections, based on the 5 total new a.m./p.m. peak hour vehicle trips that would be generated by
the project, and conditioned on the payment of traffic mitigation fees to fund the project’s fair share of
local circulation improvement projects by the City. Lastly, the quasi-governmental agencies that would
provide water and sewer service to the site have reviewed the proposed project and determined that there is
adequate capacity to service the new project
LU-8. Density of Residential Development.
Residential densities are shown in Exhibit 11, Land Use
Categories, pages 38-40. Maximum densities are not
guaranteed but minimum densities are generally required.
Density of residential development on any site shall
respond to the following factors: site resources and
constraints, potentially hazardous conditions, traffic and
access, adequacy of infrastructure, City design policies and
development patterns and prevailing densities of adjacent
developed areas.
Consistent
See LU-2 discussion above. The site is assigned a General Plan land use designation of High-Density
Residential (HDR). The HDR land use designation allows residential densities of between 15 and 32 units
per gross acre. Based on this allowable density, the 6,264 sq. ft. project site would be allowed 3 to 5
residential units, exclusive of State density bonus units. The Zoning designation for the site is High-
Density Multifamily Residential (HR1) District, which allows one unit per 1,000 sq. ft. of lot area or a
maximum base residential density of 6 units for the project site. By complying with the City’s affordable
housing required (10% or 0.6 Below Market Rate units, which rounds up to 1 BMR unit) the project is
requesting a State Density Bonus of 16.7%, or one (1) additional residential rental units. The project would
therefore be consistent, generally with the allowable density range of residential development.
Exhibit 3
TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2020
New 7-Unit Multifamily Residential Building File #: ED19-030; UP19-013; V19-003
104 Shaver St. Title: General Plan 2020 Consistency Table
Exhibit: 3-2
LU-12. Building Heights. Citywide height limits in San
Rafael are described in Exhibits 7 and 8. For Downtown
height limits see Exhibit 9.
Consistent
According to Exhibit 9 (Building Heights Limits in Downtown San Rafael) of the General Plan, the
maximum height limit for the project site is 36 ft. As designed, the project proposes a building at 35 ft tall,
which is consistent with the maximum building height allowed for the site . The height is measured to the
top of the roof deck and the other architectural features on the roof deck (railing, and elevator overruns,
trellises) do not count toward the maximum building height.
According to Exhibit 9 (Building Heights Limits in Downtown San Rafael) of the General Plan, the
maximum height limit for this property is 36 feet. The General Plan defines height of a building for non-
hillside as the vertical distance above a reference datum measured to the highest point of the coping of a
flat roof or to the deck line of a mansard roof. The reference datum is determined as follows: if the
difference in grade between the lowest and highest-grade point is greater than 10’, the reference datum is
located 10’ vertically from the lowest grade point. The project site is nearly flat with an average cr oss-
slope of approximately 2% that trends northwest-to-southeast. The project design proposes to construct the
new, three-story multifamily residential building with a ‘wing’ roof design with a maximum height of 35’
above finished grade. The proposed project is therefore consistent with the height limits for this site.
LU-23. Land Use Map and Categories. Land use
categories are generalized groupings of land uses and titles
that define a predominant land use type (See Exhibit 11).
All proposed projects must meet density and FAR
standards (See Exhibits 4, 5 and 6) for that type of use, and
other applicable development standards. Some listed uses
are conditional uses in the zoning ordinance and may be
allowed only in limited areas or under limited
circumstances. Maintain a Land Use Map that illustrates
the distribution and location of land uses as envisioned by
General Plan policies. (See Exhibit 11).
Consistent
See LU-2, LU-8 and LU-12 discussions above.
HOUSING ELEMENT
H-1. Housing Distribution.
Promote the distribution of new and affordable housing of
quality construction throughout the city to meet local
housing needs.
Consistent
See LU-8 discussion above. The project proposes to construct 7 new residential apartment units in the
Downtown. The project will provide a wide variety of housing opportunities in terms of housing type
(market-rate, ADA-accessible and affordable residential ‘rental’ units) and sizes (1-bedroom unit 806 sq.
Exhibit 3
TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2020
New 7-Unit Multifamily Residential Building File #: ED19-030; UP19-013; V19-003
104 Shaver St. Title: General Plan 2020 Consistency Table
Exhibit: 3-3
ft. in size and 2-bedroom units 807- 899 sq. ft. in size. Of these new units, the project is required to provide
one (1) affordable or BMR unit, at the very low-income household level, and one (1) ADA-accessible unit.
Staff finds the project would help the City meet its RHNA (Regional Housing Needs Allocation)
obligations, specifically housing goals in the very low-income household levels.
H-2. Design That Fits into the Neighborhood Context.
Design new housing, remodels and additions to be
compatible in form to the surrounding neighborhood.
Incorporate transitions in height and setbacks from
adjacent properties to respect adjacent development
character and privacy. Respect existing landforms and
minimize effects on adjacent properties.
Consistent
The site is a triangular-shaped, challenging configuration lot which is located in a transitional area south of
the core Downtown (Fourth St.). Low profile (1- and 2-story) single-family and duplex residential
development and high profile (3-story) multifamily residential development is located west of the project
site while low profile (1- and 2-story) commercial development is located north, south and east of the site .
Staff finds the multi-story scale proposed by the project design is well established in the surrounding
neighborhood. Determining the predominant design character is a little more difficult. The only common
design feature among the surrounding commercial buildings is stucco treatment on the exterior. The
common design elements on the adjacent Craftsmen-style single-family and duplex residential buildings
are horizontal wood siding, gable roof forms and covered porches. The project proposes a unique, stand -
alone contemporary design highlighted by dramatic ‘wing’ roof forms and glass railings though also
incorporating both textured stucco and horizontal wood siding. On February 19, 2020, the Design Review
Board (Board) unanimously recommended approval of the site and building design, as presented.
H-3. Public Information and Participation. Provide
information on housing programs and related issues.
Require and support public participation in the formulation
and review of the City’s housing policy, including
encouraging neighborhood involvement in development
review. Work with community groups to advocate
programs that will increase affordable housing supply and
opportunities. Ensure appropriate and adequate
involvement so that the design of new housing will
strengthen the character and integrity of the neighborhood.
H-3a. Neighborhood Meeting. Require neighborhood
meetings, as provided for by the City Council resolution
for Neighborhood Meeting Procedures, for larger
housing development proposals and those that have
potential to change neighborhood character. In larger
projects, the City requests that developers participate in
formal meetings with the community. The City
facilitates outreach by helping applicants find
Consistent
A neighborhood meeting is not required; however, public participation has been encouraged through the
referral of the project to the appropriate homeowner’s groups (Downtown Business Improvement District
and the Federation of San Rafael Neighborhoods) and noticing of all meetings and hearings on the project.
Notice of all prior meetings before the Board and this Planning Commission hearing were conducted in
accordance with noticing requirements contained in Chapter 29 of the Zoning Ordinance. A Notice of
Public Meeting was mailed to all property owners, residents, businesses and occupants within a 300-foot
radius of the project site and the appropriate neighborhood groups (the Downtown Business Improvement
District and the Federation of San Rafael Neighborhoods) and all other interested parties, a t least 15
calendar days prior to each meeting or hearing date. Additionally, notice was posted on the project site, at
the corner of Third and Shaver Streets at least 15 calendar days prior to the date of all meetings/hearings .
Staff received one (1) public comment as a result of noticing of the first (December 17, 2019) Board
meeting on the formal project (Exhibit 7). The owner of an adjacent duplex (105 Shaver St.), located
across the street from the project, expressed general concern with the parking proposed by the project and,
specifically, opposes the requested Parking Modification to reduce the required parking from 8 to 7 garage
spaces.
Exhibit 3
TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2020
New 7-Unit Multifamily Residential Building File #: ED19-030; UP19-013; V19-003
104 Shaver St. Title: General Plan 2020 Consistency Table
Exhibit: 3-4
information on the appropriate neighborhood groups to
contact. City staff attends meetings as a staff resource
and conducts noticing of meetings.
Staff received another public comment (1) as a result of noticing of the second (February 19, 2020) Board
meeting on the formal project. A resident and attorney expressed general concerns: 1) The proposed design
neither fits in with that of the neighboring non-residential buildings or the neighboring residential
structures; 2) The project should provide compliant on-site parking due to the lack of street parking in
along Shaver St.; and 3) The existing Craftsman-style residence on the site has historical value and should
be preserved
Staff’s responses are, as follows:
1. At their December 17, 2019 meeting, the Board reviewed the proposed design in relation to the
existing predominant design of the immediate neighborhood. Like staff, the Board determined the
immediate neighborhood was a mixture of residential and nonresidential uses, each with its own
predominant design features. Like staff, the Board ultimately determined the proposed design
adequately related to the predominant nonresidential design features, which is limited to stucco
exterior treatment.
2. As stated earlier in staff’s report, the project continues to request a parking reduction, from eight (8)
required on-site parking spaces to seven (7) proposed on-site parking spaces. Each unit is proposed
one (1) on-site parking space; the proposed parking reduction is to eliminate the required one (1) guest
parking space. Section 14.18.090 (D) of the San Rafael Municipal Code (SRMC) allows reduction of
required parking for project which provide an excess of bicycle parking, subject to granting of a
Parking Modification through the approval of a Use Permit. The proj ect continues to propose an
increase in the number of bicycle parking, from two (2) required spaces to six (6) spaces. Both the
Public Works and Community Development Directors continue to support the Parking Modification
for the parking reduction as an offset to help provide needed Downtown housing in an area determined
to have ample street parking nearby.
3. A quick review of the San Rafael Historical/Architectural Survey; Final Inventory List of Structures
and Areas (September 1986) indicates the project site is not listed in the adopted survey as a local,
State or National landmark or eligible for listing or needing reevaluation. The site an isolated
residential site with nonresidential development to the immediate north south and east of the site. The
project provides an opportunity to construct seven (7) new residential units in the Downtown,
including one (1) affordable housing unit (at the very low-income level), where one (1) market-rate
unit currently exists.
Staff received another (1) public comment after the Board recommended approval of the formal project
design and prior the noticing of this Planning Commission hearing (Exhibit 8). The owner of a duplex (22
Latham St.), located a half-street block from the project, also expressed general concern with the parking
Exhibit 3
TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2020
New 7-Unit Multifamily Residential Building File #: ED19-030; UP19-013; V19-003
104 Shaver St. Title: General Plan 2020 Consistency Table
Exhibit: 3-5
proposed by the project and, specifically, opposes the requested Parking Modification to reduce the
required parking from 8 to 7 garage spaces. These comments suggest approval of the Parking Modification
should be subject to the City implementing a parking permit system for the surrounding neighborhood and
institute a one (1)-hour parking limit for street parking without a parking permit. Staff’s response is that the
City is not requiring implementation of a parking permit system in conjunction with the recommended
approval of the Parking Modification. Both the Public Works and Community Development Directors
support the Parking Modification for the parking reduction as an offset to help provide needed Downtown
housing in an area determined to have ample street parking nearby,
Any comments received after distribution of the staff report, will be forwarded to the Commission under
separate cover
.
H-9. Special Needs. Encourage a mix of housing unit
types throughout San Rafael, including very low- and
low-income housing for families with children, single
parents, students, young families, lower income seniors,
homeless and the disabled. Accessible units shall be
provided in multi-family developments, consistent with
State and Federal law.
Consistent
See H-1 discussion above.
Exhibit 3
TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2020
New 7-Unit Multifamily Residential Building File #: ED19-030; UP19-013; V19-003
104 Shaver St. Title: General Plan 2020 Consistency Table
Exhibit: 3-6
H-14. Adequate Sites. Maintain an adequate supply of
land designated for all types of residential development to
meet the housing needs of all economic segments in San
Rafael. Within this total, the City shall also maintain a
sufficient supply of land for multifamily housing to meet
the quantified housing need of very low, low, and
moderate-income housing units. Encourage development
of residential uses in commercial areas where the vitality
of the area will not be adversely affected, and the site or
area will be enhanced by linking workers to jobs, and by
providing shared use of the site or area.
H-14a. Residential and Mixed-Use Sites Inventory.
Encourage residential development in areas appropriate
and feasible for new housing. These areas are identified
in Appendix B, Housing Element Background,
Summary of Potential Housing Sites (available for view
on the City’s website). Explore effective ways to share
housing site information and developer and financing
information to encourage development of underutilized
institutional land. The City has employed different
strategies to find the most effective way to deliver
information about development. It is an ongoing and
evolving process that has included practices such as
preparing fact sheets for sites with multiple inquiries.
H-14b. Efficient Use of Multifamily Housing Sites.
Do not approve residential-only development below
minimum designated General Plan densities unless
physical or environmental constraints preclude its
achievement. Residential-only projects should be
approved at the mid- to high-range of the zoning density.
If development on a site is to occur over time the
applicant must show that the proposed development does
not prevent subsequent development of the site to its
minimum density and provide guarantees that the
remaining phases will, in fact, be developed.
Consistent
See LU-8 and H-1 discussions above. While the project site is not listed as a Housing Opportunity Site
(Figure B3:3) in Appendix B of the General Plan due to size limitations, the adjacent property to the north
of the project site (220 Shaver St.) is listed. The project proposes a density at the high-range; a maximum
of six (6) units are allowed on the site and a total of seven (7) units i s proposed including one (1) State
density bonus unit Furthermore, the residential focus of the project serves to accommodate the projected
need for 1,007 additional housing units in the City by the year 2023 (Regional Housing Needs Allocation
or RHNA; Page B-5, Appendix B of General Plan) by adding seven (7) additional rental housing units to
the City’s rental housing stock. One (1) of these housing units would be deed-restricted as ‘affordable’
housing to very low-income households. These would contribute to the City’s need for 240 very low-
income housing units by the year 2023.
Exhibit 3
TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2020
New 7-Unit Multifamily Residential Building File #: ED19-030; UP19-013; V19-003
104 Shaver St. Title: General Plan 2020 Consistency Table
Exhibit: 3-7
H-18. Inclusionary Housing. The City requires residential
projects to provide a percentage of affordable units on site
and/or pay in-lieu of fees for the development of
affordable units in another location. The City’s program
requires the units remain affordable for the longest feasible
time, or at least 55 years. The City's primary intent is the
construction of units on-site. The units should be of a
similar mix and type to that of the development as a whole
and dispersed throughout the development. If this is not
practical or not permitted by law, the City will consider
other alternatives of equal value, such as in-lieu fees,
construction of units off-site, donation of a portion of the
property for future non-profit housing development, etc.
Allow for flexibility in providing affordable units as long
as the intent of this policy is met. Specific requirements
are:
Project Size % Affordable Units Req'd
2 – 10 Housing Units* 10%
11 – 20 Housing Units 15%
21+ Housing Units 20%
* Exemptions for smaller projects units may be
provided for in the
Rental Units. Provide, consistent with State law, a
minimum of 50% of the BMR units affordable to very
low-income households at below 50% of median income,
with the remainder affordable to low income households at
50-80% of median income.
Sale/Ownership Units. Provide a minimum of 50% of the
BMR units affordable to low income households at 50 -
80% of median income, with the remainder affordable to
moderate income households at 80-120% of median
income.
Calculation of In-lieu Fee. Continue to provide a
calculation for in-lieu fees for affordable housing. For
fractions of affordable units, if 0.5 or more of a unit, the
developer shall construct the next higher whole number of
Consistent
See LU-8 and H-1 discussion above. The project will meet the City’s affordable housing requirement by
providing one (1) BMR units where one (1) BMR unit is required (.6 BMR unit, rounded up to 1.0 unit).
Exhibit 3
TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2020
New 7-Unit Multifamily Residential Building File #: ED19-030; UP19-013; V19-003
104 Shaver St. Title: General Plan 2020 Consistency Table
Exhibit: 3-8
affordable units, and if less than 0.5 of a unit, the
developer shall provide an in-lieu fee.
NEIGHBORHOODS ELEMENT
NH-3. Housing Mix. Encourage a housing mix with a
broad range of affordability, character, and sizes. In areas
with a predominance of rental housing, encourage
ownership units to increase the variety of housing types.
Consistent
See H-1 discussion above. The project will provide a wide variety of housing opportunities in terms of
housing type (market-rate, ADA-accessible and affordable residential ‘rental’ units) and sizes (1-bedroom
unit 806 sq. ft. in size and 2-bedroom units 807- 899 sq. ft. in size.
NH-15. Downtown Vision. Continue to implement Our
Vision of Downtown San Rafael.
Consistent
See LU-12 discussion above. The proposed project is located should be consistent with as many of the
applicable policies in the adopted Our Vision of Downtown San Rafael; Second/Third Corridor Vision ,
including:
• Establish a vital, varied and compatible mix of office, retail and residential uses that utilizes the
special strengths give to this District by the high traffic volumes and visibility of Second and Third
Streets.
• Recognize the major opportunity for residential development through the District, especially on
the cross streets, west of B Street. Both mixed-use and multifamily development could work well in
this District.
• Create an inviting appearance which declares that Downtown is worth visiting to those who
travel Second and Third Streets.
• Make Second and Third Street more attractive and safer for pedestrians by: A) Planting for street
trees; B) creating a visual buffer between pedestrians and the street; and C) Reducing the number
of driveways which interrupt sidewalks.
• Vary building heights and densities, concentrating the most intense development towards the east,
closest to the freeway and Transportation Center, including building heights of two to five stories
and higher densities east of B Street and heights of one to three stories and lower densities west of
B Street.
The project would be consistent with the applicable policies in the Downtown Vision by incorporating the
following attributes: 1) Providing multifamily housing in close proximity to the Downtown, 2) Enhancing
the streetscape by providing a deep (8’) landscaped setback along the Third St. frontage with a
comprehensive mix of trees, shrubs, grasses and groundcovers to help create a pedestrian scale; 3)
Exhibit 3
TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2020
New 7-Unit Multifamily Residential Building File #: ED19-030; UP19-013; V19-003
104 Shaver St. Title: General Plan 2020 Consistency Table
Exhibit: 3-9
Reducing the number of driveway curb cuts servicing the project from 2 (current) to 1 (proposed) and
preserving the driveway location along the Shaver St. cross-street; 4) Proposing a three-story building
height where a maximum three-story building height is envisioned; and 5) Creating visual interest by
proposing a contemporary architectural design featuring lots of glazing (including glass railings), multiple
exterior textures (two colors of textured stucco, anodized windows without trim) and ‘winged’ roof forms
with lots of skylights. The proposed curvilinear form is accentuated through a series of successive 2 - 5’
stepbacks of the upper-story wall plane along the Third St. frontage.
NH-16. Economic Success. Substantially expand
Downtown’s economic success and increase opportunities
for retail, office and residential development
Consistent
See H-1 discussion above. The project proposes to construct a total of seven (7) new residential rental units
in the Downtown, Future residents are anticipated to frequent existing and future businesses in the
Downtown and help achieve the City’s goal of ‘alive-after-five’ by activating the Downtown in the
evenings and on weekends.
NH-17. Competing Concerns. In reviewing and making
decisions on projects, there are competing economic,
housing, environmental and design concerns that must be
balanced. No one factor should dominate; however,
economic and housing development are high priorities to
the health of Downtown.
Consistent
See LU-8, H-1 and NH-16 discussions above. By complying with the City’s affordable housing
requirement (10%), the project would provide one (1) below market rate or BMR unit at the very low-
income household level.
NH-22. Housing Downtown. Create a popular and
attractive residential environment that contributes to the
activity and sense of community Downtown. This
includes:
a. Preserving and upgrading existing units,
b. Providing incentives to encourage new private
sector construction of housing, particularly
affordable housing, live/work units, and single room
occupancy (SRO) units,
c. Designing units that take advantage of Downtown's
views, proximity to shopping and services, and
transit, and
d. Implementing zoning standards that reflect
Downtown’s urban character.
Consistent
See LU-2, LU-8, H-1and NH-16 discussions above. The project proposes to construct a total of seven (7)
new residential rental units in the Downtown, including one (1) affordable unit and one (1) ADA-
accessible unit. The proposed new units would help contribute to the City’s long-standing efforts to create
a sense of active presence Downtown after dark (‘Alive-after-five’). The project proposes the maximum
allowable density for the site, which reflects the Downtown urban character
Exhibit 3
TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2020
New 7-Unit Multifamily Residential Building File #: ED19-030; UP19-013; V19-003
104 Shaver St. Title: General Plan 2020 Consistency Table
Exhibit: 3-10
NH-25. Pedestrian Comfort and Safety. Make
Downtown's street systems more comfortable and safer for
pedestrians by:
• Balancing between the needs of pedestrians and the
desire for efficient traffic flow,
• Slowing traffic where necessary,
• Providing two-way traffic where feasible,
• Making pedestrian crossings direct and safe,
• Establishing pedestrian environments unique to each
District,
• Improving and/or expanding sidewalks, street trees,
landscaping and other sidewalk amenities,
• Increasing visibility to storefronts and businesses,
• Seeking innovative solutions and ideas.
Consistent
See NH-15 discussions above. The project will enhance the pedestrian scale by; 1) Providing a deep (8’)
landscaped streetscape setback along the Third St. frontage with a comprehensive mix of trees, shrubs,
grasses and groundcovers to help create a pedestrian scale; and 2) Reducing the number of driveway curb
cuts servicing the project from 2 (current) to 1 (proposed) and preserving the driveway location along the
Shaver St. cross-street.
NH-29. Downtown Design. New and remodeled buildings
must contribute to Downtown’s hometown feel. Design
elements that enhance Downtown’s identity and
complement the existing attractive environment are
encouraged and may be required for locations with high
visibility or for compatibility with historic structures.
Design considerations include:
• Varied and distinctive building designs,
• Sensitive treatment of historic resources,
• Generous landscaping to accent buildings,
• Appropriate materials and construction, and
• Site design and streetscape continuity.
NH-29a. Implement Downtown Design Guidelines.
Implement the Downtown Design Guidelines through
the design review process.
Consistent
See H-2 and NH-15 discussions above. The project site is located within the “Second/Third Corridor and
Environs” of Downtown where the following San Rafael Downtown Design Guidelines apply:
Second and Third Streets are to be attractive, landscaped major transportation corridors. While increased
pedestrian safety and comfort is desired on Second and Third, greater pedestrian use of the cross streets is
encouraged. The project site is located within the boundaries of the Second/Third and Environs area of the
Downtown, where the following specific design guidelines apply:
• To provide visual interest, long and monotonous walls should be avoided.
• Building walls should be articulated;
• To create a boulevard effect along Second and Third Streets, varied landscape setbacks are
appropriate;
• Additional high-canopy, traffic-tolerant street trees are strongly encouraged;
• Where possible, residential buildings in this area should orient to the more pedestrian-friendly
side street; and
• Driveway cuts and widths should be minimized to prevent vehicular conflicts.
The project proposes a unique, stand-alone contemporary design highlighted by dramatic ‘wing’ roof
forms and glass railings though also incorporating both textured stucco and horizontal wood siding. On
February 19, 2020, the Design Review Board (Board) unanimously recommended approval of the site and
building design, as presented.
Exhibit 3
TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2020
New 7-Unit Multifamily Residential Building File #: ED19-030; UP19-013; V19-003
104 Shaver St. Title: General Plan 2020 Consistency Table
Exhibit: 3-11
NH-31. Ground Floor Designed for Pedestrians. Ensure
that all buildings, regardless of height, are comfortable for
people at the street level. This includes:
• Relating wall and window heights to the height of
people,
• Use of architectural elements to create visual interest,
• Adding landscaping and insets and alcoves for
pedestrian interest, and,
• Stepping upper stories back as building height
increases.
Consistent
See NH-15 discussion above.
NH-40. Second/Third Mixed-Use District.
a. Auto-oriented uses. Allow a vital, varied and
compatible mix of offices, retail uses, and residential
uses, where appropriate. Uses usually accessed by car
should be concentrated along the west end of Second
Street to take advantage of the high traffic volumes.
b. Enhance pedestrian character. Enhance the pedestrian
character of the A and B cross streets by encouraging a
variety of uses, including neighborhood serving and
specialty retail uses, and residential uses.
c. PG&E office building site. This site offers a major
redevelopment opportunity as an infill site that could
accommodate a mix of land uses, including residential if
feasible, that would take advantage of the site’s high
visibility from Second and Third Streets, extend the
uses on the San Rafael Corporate Center, or provide
patrons for the Fourth Street Retail Core.
d. Transportation Corridor. Make Second and Third
Streets a very attractive, safe and efficient transportation
corridor that allows smooth travel through Downtown,
provides easy access to the Fourth Street Core via the
cross streets and is safe to walk along and cross.
Substantially improve Second and Third Streets
through:
• Screening pedestrians from the perception of traffic
noise and encouraging pedestrian use of other streets,
Consistent
See NH-15 and NH-29 discussions above. The project design improves the pedestrian experience along the
Third St. frontage and the Shaver St. cross-street connection to Downtown by providing deep (8-15’)
landscaped setbacks, reducing the number of driveway curb cuts along Third St. and preserving the
driveway orientation to the site to the Shaver St. frontage.
Exhibit 3
TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2020
New 7-Unit Multifamily Residential Building File #: ED19-030; UP19-013; V19-003
104 Shaver St. Title: General Plan 2020 Consistency Table
Exhibit: 3-12
• Improving pedestrian connections to Fourth Street,
• Providing safe crosswalks at all intersections,
• Reducing the number of driveways that interrupt
sidewalks, and
• Managing traffic flow for efficiency, not speed.
e. Improved parking. Develop attractive, screened and
easy-to-find public and private parking areas serving
both the Fourth Street Retail Core and the Second/Third
Street Corridor.
NH-41. Second/Third Mixed Use District Design
Considerations.
a. An inviting appearance. Create an inviting appearance
to people traveling Second and Third Streets. Encourage
attractive, creative and varied architecture on Second
and Third Streets, with design detail on all sides of
buildings visible to the street or pedestrians.
b. Unique character of cross streets. A, B, C and D
Streets are important links from Fourth Street to
neighborhoods south of Downtown. Strengthen the
unique character of these cross streets by giving special
treatment to:
• A Street as an important visual and pedestrian
connection between Mission San Rafael Arcangel and
Albert Park and Andersen Drive,
• B Street as an area of strong historic character, and
• B, C and D Streets as major pedestrian connections
between the Gerstle Park Neighborhood and the
Fourth Street Retail Core.
c. Height. Individual building heights will vary and
typically range from two to four stories east of B Street,
and from one to three stories generally west of B Street.
Consistent
See H-2, NH-15, NH-29 and NH-40 discussions above. On February 19, 2020, the Board unanimously
recommended approval of the site and building design, finding, in part, the project design is consistent with
all applicable Second/Third Mixed-Use District Design Considerations.
COMMUNITY DESIGN ELEMENT
Exhibit 3
TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2020
New 7-Unit Multifamily Residential Building File #: ED19-030; UP19-013; V19-003
104 Shaver St. Title: General Plan 2020 Consistency Table
Exhibit: 3-13
CD-1. City Image. Reinforce the City’s positive and
distinctive image by recognizing the natural features
of the City, protecting historic resources, and by
strengthening the positive qualities of the City's focal
points, gateways, corridors and neighborhoods.
CD-1d. Landscape Improvement. Recognize that
landscaping is a critical design component. Encourage
maximum use of available landscape area to create
visual interest and foster sense of the natural
environment in new and existing developments.
Encourage the use of a variety of site appropriate plant
materials.
Consistent
See NH-40 discussion above. The project proposes 1,724 sq. ft. (27.5%) of site landscaping, primarily
through a 15’ landscaped front setback along the Shaver St. frontage and an 8’ landscaped street side
setback along the Third St. frontage. The project is required to landscape 50% of the required front and
street side setback. The project proposes to landscape 555 sq. ft. (59.5%) of the 932 sq. ft required front
yard setback and 1,031 sq. ft. (82%) of the 1,254 sq. ft. required street side setback. This new site
landscaping is a combination of trees, shrubs, grasses and groundcovers, and includes ‘green screen ‘vine-
covered metal screens at the podium along both the Shaver St. and Third St. frontages. Landscape planters
are also proposed at the second level along the Third St. frontage with the same planting palette. On
February 19, 2020, the Board unanimously recommended approval of the site and building desi gn, as
presented, including the proposed site landscaping.
CD-2. Neighborhood Identity. Recognize and promote
the unique character and integrity of the city's residential
neighborhoods and Downtown. Strengthen the
"hometown" image of San Rafael by:
• Maintaining the urban, historic, and pedestrian
character of the Downtown;
• Preserving and enhancing the scale and landscaped
character of the City's residential neighborhoods;
• Improving the appearance and function of
commercial areas; and
• Allowing limited commercial uses in residential
neighborhoods that serve local residents and create
neighborhood-gathering places.
Consistent
See CD-1, H-2, NH-15, NH-29 and NH-40 discussions above.
CD-3. Neighborhoods. Recognize, preserve and enhance
the positive qualities that give neighborhoods their unique
identities, while also allowing flexibility for innovative
design. Develop programs to encourage and respect the
context and scale of existing neighborhoods.
Consistent
See CD-1, H-2, NH-15, NH-29 and NH-40 discussions above.
CD-5. Views. Respect and enhance to the greatest extent
possible, views of the Bay and its islands, Bay wetlands,
St. Raphael’s church bell tower, Canalfront, marinas, Mt.
Tamalpais, Marin Civic Center and hills and ridgelines
Not Consistent
The project would create view impacts of Puerto Suello Hill from public viewsheds along eastbound
Second St. and northbound Shaver St., though staff finds these impacts would be limited.
Exhibit 3
TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2020
New 7-Unit Multifamily Residential Building File #: ED19-030; UP19-013; V19-003
104 Shaver St. Title: General Plan 2020 Consistency Table
Exhibit: 3-14
from public streets, parks and publicly accessible
pathways.
CD-9. Transportation Corridors. Provide and maintain
distinctive gateways to identify City entryways.
Consistent
See CD-1 discussion above. The project would enhance the landscape character along both the Shaver St.
and Third St. frontage, an arterial corridor.
CD-11. Multifamily Design Guidelines. Recognize,
preserve and enhance the design elements that ensure
multifamily housing is visually and functionally
compatible with other buildings in the neighborhood.
Develop design guidelines to. ensure that new
development fits within and improves the character
defining elements of neighborhoods.
Consistent
See H-2, NH-15, NH-29 and NH-40 discussions above. On February 19, 2020, the Board unanimously
recommended approval of the site and building design, as pre sented, finding, in part, that the project
adequately met the Multifamily Design Guidelines.
CD-14. Recreational Areas. In multifamily development,
require private outdoor areas and on-site common spaces
for low and medium densities. In high density and mixed-
use development, private and/or common outdoor spaces
are encouraged. Common spaces may include recreation
facilities, gathering spaces, and site amenities such as
picnicking and play areas.
Consistent
The project proposes 1,552 sq. ft. of usable outdoor recreation area in as private decks, balconies and
patios (730 sq. ft.) and as common area on the second level along the Third St. frontage (822 sq. ft.). The
project is required to provide a minimum 100 sq. ft. of usable outdoor recreation area per unit. For the
project, a total of 700 sq. ft. of usable outdoor recreation area is required or 100 sq. ft. per residential unit.
The project proposes an average of 221.7 sq. ft. of recreational area per unit . On February 19, 2020, the
Board unanimously recommended approval of the site and building design, as presented, including the
proposed usable outdoor recreation area.
Exhibit 3
TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2020
New 7-Unit Multifamily Residential Building File #: ED19-030; UP19-013; V19-003
104 Shaver St. Title: General Plan 2020 Consistency Table
Exhibit: 3-15
CD-15. Participation in Project Review. Provide for
public involvement in the review of new development,
renovations, and public projects with the following
• Design guidelines and other information relevant to the
project as described in the Community Design Element
that would be used by residents, designers, project
developers, City staff, and City decision makers;
• Distribution of the procedures of the development
process that include the following: submittal
information, timelines for public review, and public
notice requirements;
• Standardized thresholds that state when design review of
projects is required (e.g. residential conversions, second-
story additions); and
• Effective public participation in the review process.
Consistent
See H-3 discussion above.
CD-18. Landscaping. Recognize the unique contribution
provided by landscaping and make it a significant
component of all site design.
Consistent
See CD-1 discussion above.
CD-19. Lighting. Allow adequate site lighting for safety
purposes while controlling excessive light spillover and
glare.
Consistent with Conditions
The project currently does not propose exterior lighting; however, it is reasonable to assume a new 7-unit
multifamily residential apartment with garage parking and outdoor common area will include lighting. A
condition of approval is included requiring submittal of a lighting plan/photometric study for review and
approval by staff to confirm lighting for the project complies with adopted minimum/maximum
illumination levels. A condition of approval is also included requiring a post-construction photometric
study to confirm the project was constructed compliant with adopted minimum/maximum illumination
levels. In addition, a condition of approval is included establishing a 90-day lighting review period at final
inspection/occupancy where adjustments in lighting may be required by staff to reduce off -site glare, if
necessary.
CIRCULATION ELEMENT
C-5. Traffic Level of Service Standards.
a. Intersection LOS. In order to ensure an effective
Consistent with conditions
The City’s Traffic Engineer has reviewed the project and evaluated its traffic impacts against the City’s
Exhibit 3
TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2020
New 7-Unit Multifamily Residential Building File #: ED19-030; UP19-013; V19-003
104 Shaver St. Title: General Plan 2020 Consistency Table
Exhibit: 3-16
roadway network, maintain adequate traffic levels of
service (LOS) consistent with standards for signalized
intersections in the A.M. and P.M. peak hours as shown
below, except as provided for under (B) Arterial LOS.
level of service standards and determined the project would result in a total of 5 net new peak hour trips (2
a.m. new peak hour trips between 7- 9am weekdays and 3 p.m. new peak hour trips between 4-6pm
weekdays). The City Traffic Engineer has determined the surrounding intersections and arterials would
continue to operate (existing plus project volumes) acceptably per the City’s LOS (Level of Service)
standards in the General Plan. Staff finds the proposed density (7 units) would result in negligible traffic
impacts which are off-set by the payment of traffic mitigation fees on the 5 net new peak hour trips
anticipated to result from the project, which are a condition of approval. The payment of traffic mitigation
fees is a condition of approval and is intended to help fund the project’s fair share of local circulation
improvement projects by the City.
C-7. Circulation Improvement Funding.
Take a strong advocacy role in securing funding for
planned circulation improvements. Continue to seek
comprehensive funding that includes Federal, State,
County, and Redevelopment funding, Local Traffic
Mitigation Fees, and Assessment Districts. The local
development projects’ share of responsibility to fund
improvements is based on:
C-7a. Traffic Mitigation Fees. Continue to implement
and periodically update the City’s Traffic Mitigation
Program.
C-7b. Circulation Improvements. Seek funding for and
construct circulation improvements needed for safety, to
improve circulation, or to maintain traffic level of
service.
Consistent with conditions
See C-5 discussion above.
INFRASTRUCTURE ELEMENT
I-2. Adequacy of City Infrastructure and Services.
Assure that development can be adequately served by the
City’s infrastructure and that new facilities are well
planned and well designed.
Consistent
All service providers, including PG&E, Marin Sanitary Service, Marin Municipal Water District, San
Rafael Sanitation District, Central Marin Sanitation Agency, and the City Engineer, have review the
project and indicated that adequate infrastructure capacity exists for the project.
SUSTAINABILITY ELEMENT
Exhibit 3
TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2020
New 7-Unit Multifamily Residential Building File #: ED19-030; UP19-013; V19-003
104 Shaver St. Title: General Plan 2020 Consistency Table
Exhibit: 3-17
SU-5. Reduce Use of Non-renewable Resources Reduce
dependency on non-renewable resources.
_______________
SU-5d Water Efficiency Programs. Develop and
implement water efficiency and conservation programs
to achieve a 30% reduction in water use by 2020,
including water efficient landscape regulations, PACE
financing, water audits, upgrades upon resale, education
and outreach. Make available to property managers,
designers and homeowners’ information about water-
conserving landscaping and water-recycling methods
and resources.
Consistent with conditions
The project is subject to a condition requiring compliance with the most recent water conservation
ordinance adopted by Marin Municipal Water District (MMWD). Prior the building permit issuance,
MMWD is required to review and approve the proposed landscape and irrigation plans and provide the
applicant with a letter of approval or an approved -stamped plan set either of which shall be sub mitted with
the building permit.
SU-7. New and Existing Trees. Plant new and retain
existing trees to maximize energy conservation and
carbon sequestration benefits.
Consistent
See CD-1 discussion above. The project proposes to remove a total of four (4) existing, mostly low-value
(1 mature tree; non-Oak or Redwood trees) trees on the site. The Landscape Plan for the project proposes a
combination of trees, shrubs, grasses, vines and groundcovers, including 6, 24”-box container size
replacement trees planted predominantly along the Third St. frontage.
CULTURE AND ARTS ELEMENT
CA-15. Protection of Archaeological Resources.
Recognize the importance of protecting significant
archaeological resources by:
• Identifying, when possible, archaeological
resources and potential impacts on such
resources.
• Providing information and direction to property
owners in order to make them aware of these
resources.
• Implementing measures to preserve and protect
archaeological resources.
CA-15a. Archeological Resources Ordinance.
Continue to implement the existing Archeological
Resources Ordinance.
Consistent with conditions
The project site is identified as having a “medium” archaeological sensitivity rating, pursuant to the City’s
adoptive City of San Rafael Archaeological Sensitivity map. City Council Ordinance No. 1772 and
Resolution No. 10980 prescribes recommendations as required conditions for discretionary permits on site
with “medium” archaeological sensitivity rating. These requirements have been incorporated as a condition
of approval.
Exhibit 3
TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2020
New 7-Unit Multifamily Residential Building File #: ED19-030; UP19-013; V19-003
104 Shaver St. Title: General Plan 2020 Consistency Table
Exhibit: 3-18
PARK AND RECREATION ELEMENT
PR-10. Onsite Recreation Facilities. Require onsite
recreation facilities in new multifamily residential projects
and encourage construction of onsite recreation facilities in
existing multifamily residential projects, where
appropriate.
Consistent
See CD-14 discussion above.
SAFETY ELEMENT
S-1. Location of Future Development. Permit
development only in those areas where potential danger to
the health, safety and welfare of the residents of the
community can be adequately mitigated.
Consistent
Geoseismic analysis have been evaluated through the City’s Geotechnical Review process and found that
the project would not pose potential danger to the health, safety and welfare of the communit y.
S-4. Geotechnical Review. Continue to require
geotechnical investigations for development proposals as
set forth in the City's Geotechnical Review Matrix
(Appendix F). Such studies should determine the actual
extent of geotechnical hazards, optimum design for
structures, the advisability of special structural
requirements, and the feasibility and desirability of a
proposed facility in a specified location.
Consistent
A Geotechnical Investigation Report was prepared and submitted with the project application. After review
by the City Engineer and Chief Building Official, it was found to meet the requirements set forth in the
Geotechnical Review Matrix and consistent with the City’s safety policies and standard engineering
practices.
S-6. Seismic Safety of New Buildings. Design and
construct all new buildings to resist stresses produced by
earthquakes. The minimum level of seismic design shall be
in accordance with the most recently adopted building
code as required by State law.
Consistent with conditions
The project would entail all new construction and would be constructed in accordance with the most
current building and seismic codes as required by the City’s Municipal Code.
S-25. Regional Water Quality Control Board
(RWQCB) Requirements. Continue to work through the
Marin County Stormwater Pollution Prevention Program
(MCSTPPP) to implement appropriate Watershed
Consistent with conditions
The City Engineer has reviewed the proposed project, including Stormwater Control Plan, and determined
it preliminarily implements the Stormwater Pollution Prevention Program standards and regulations. As
designed, the proposed project includes measures likely to reduce stormwater run-off consistent with the
Exhibit 3
TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2020
New 7-Unit Multifamily Residential Building File #: ED19-030; UP19-013; V19-003
104 Shaver St. Title: General Plan 2020 Consistency Table
Exhibit: 3-19
Management plans as dictated in the RWQCB general
National Pollutant Discharge Elimination System permit
for Marin County and the local stormwater plan.
standards established by the RWQCB.
S-32. Safety Review of Development Projects. Require
crime prevention and fire prevention techniques in new
development, including adequate access for emergency
vehicles.
Consistent
The San Rafael Fire Department, Fire Prevention Bureau, and the San Rafael Police Department have both
reviewed the project plans and recommended modifications to improve fire prevention and safe design
which would not affect the current project design being reviewed by the Commission though would
become conditions of approval.
NOISE ELEMENT
N-1. Noise Impacts on New Development. Protect people
in new development from excessive noise by applying
noise standards in land use decisions. Apply the Land Use
Compatibility Standards (see Exhibit 31) to the siting of
new uses in existing noise environments. These standards
identify the acceptability of a project based on noise
exposure. If a project exceeds the standards in Exhibit 31,
an acoustical analysis shall be required to identify noise
impacts and potential noise mitigations. Mitigation should
include the research and use of state-of-the-art abating
materials and technology.
N-1a. Acoustical Studies. Require acoustical studies for
all new residential projects within the projected Ldn 60
dB noise contours (see Exhibit 31) so that noise
mitigation measures can be incorporated into project
design. Acoustical studies shall identify noise sources
and contain a discussion of the existing and future noise
exposure and the mitigation measures that may be used
to achieve the appropriate outdoor and indoor noise
standards.
Consistent with conditions
Per Exhibit 22 (San Rafael Roadways and Arterials) of the General Plan, the project site is located on an
existing arterial, Third St. Ave. Due to the existing ambient noise from the arterial, sound attenuation will
likely be required for the new residences, particularly for windows and doors facing Third S t. The project
submittals currently do not include a noise or acoustic study. A condition of approval is included requiring
submittal of a noise or acoustic study for review and approval by staff to confirm the project will comply
with maximum interior noise levels through noise reducing materials (windows, doors) and construction
techniques (wall assemblies). Additionally, a condition of approval is included requiring a post-
construction noise or acoustic study to confirm the project was constructed compliant with noise or
acoustic study and its recommendations.
N-5. Traffic Noise from New Development. Minimize
noise impacts of increased off-site traffic caused by new
development. Where the exterior Ldn is 65 dB or greater at
Consistent
See N-1 discussion above. Due to the location of the project site I the Downtown and along an arterial,
noise impacts of increased traffic caused by the project is anticipated to be negligible.
Exhibit 3
TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2020
New 7-Unit Multifamily Residential Building File #: ED19-030; UP19-013; V19-003
104 Shaver St. Title: General Plan 2020 Consistency Table
Exhibit: 3-20
a residential building or outdoor use area and a plan,
program, or project increases traffic noise levels by more
than Ldn 3 dB, reasonable noise mitigation measures shall
be included in the plan, program or project.
AIR AND WATER QUALITY ELEMENT
AW-1. State and Federal Standards. Continue to comply
and strive to exceed state and federal standards for air
quality for the benefit of the Bay Area.
Consistent
The project is not anticipate to generate any permanent air quality impacts and would be consistent with
the Bay Area Air Quality District requirements; project impacts to air quality would be limited as
temporary during the construction and grading periods only. Furthermore, the project is within the relative
intensity of development and maximum density of development assumed under the San Rafael General
Plan 2020 and, therefore, cumulative impacts have been analyzed and found to be acceptable .
AW-7. Local, State and Federal Standards. Continue to
comply with local, state and federal standards for water
quality.
Consistent
The project would be required to comply with the City’s Stormwater Pollution Prevention standards which
are derived from the Regional Water Quality Board. The drainage plan is designed to be consistent with
the stormwater pollution standards by treating roof rainwater runoff on-site in landscape bioswale filtration
areas, located through the project, before it enters into the City’s storm drain system.
AW-8. Reduce Pollution from Urban Runoff. Address
non-point source pollution and protect receiving waters
from pollutants discharged to the storm drain system by
requiring Best Management Practices quality.
• Support alternatives to impervious surfaces in new
development, redevelopment or public improvement
projects to reduce urban runoff into storm drain
system, creeks and the Bay.
• Require that site designs work with the natural
topography and drainages to the extent practicable to
reduce the amount of grading necessary and limit
disturbance to natural water bodies and natural
drainage systems.
• Where feasible, use vegetation to absorb and filter
fertilizers, pesticides and other pollutants.
Consistent
See AW-7 discussion above.
Exhibit 3
TABLE ANALYZING PROJECT CONSISTENCY WITH SAN RAFAEL GENERAL PLAN 2020
New 7-Unit Multifamily Residential Building File #: ED19-030; UP19-013; V19-003
104 Shaver St. Title: General Plan 2020 Consistency Table
Exhibit: 3-21
Exhibit 4
TABLE ANALYZING PROJECT COMPLIANCE WITH SAN RAFAEL ZONING ORDINANCE (TITLE 14)
New 7-Unit Multifamily Residential Building File #: ED19-030; UP19-013; V19-003
104 Shaver St. Title: Zoning Ordinance Consistency Table
Exhibit: 4-1
CHAPTER 4 – RESIDENTIAL DISTRICTS
HIGH-DENSITY MULTIFAMILY REISDENTIAL (HR1) DISTRICTS
14.04.010 - Specific Purposes. In addition to the general purposes listed in
Section 14.01.030, the specific purposes of the residential zoning districts
include the following:
A. To provide a wide variety of housing opportunities in terms of
housing types, and neighborhoods with varying densities, lot sizes, and
development standards ;
B. To protect and enhance existing residential neighborhoods through
retention of existing land development patterns and retention of their
varied design character ;
C. To protect and enhance existing residential neighborhoods through
retention of existing land development patterns and retention of their
varied design character ;
-----------
E. To provide outdoor recreational amenities for residents ;
F. To ensure the provision of public services and facilities needed to
accommodate planned residential densities ;
-----------
K. Multifamily Residential Districts: High -Density (HR1, HR1.5, HR1.8)
1. The high-density residential districts provide opportunities for high -
density multifamily residential development
2. High-density multifamily residential districts are included in the high -
density residential land use category with densities ranging from one
thousand (1,000) square feet to one thousand eight hundred (1,800) square
feet per dwelling unit .
Consistent
The project proposes to redevelop a triangular-shaped, 6,264 sq. ft., Downtown in-fill
parcel, currently served by City infrastructure and services. The project proposes to
demolish an existing single-family residence and construct a new 7-unit multifamily
residential apartment building with understory garage parking and associated site landscape
and drainage improvements. The site is located within the High-Density Multifamily
Residential (HR1) District zone.
The project will provide a wide variety of housing opportunities in terms of housing type
(market-rate, ADA-accessible and affordable residential ‘rental’ units) and sizes (1-
bedroom unit 806 sq. ft. in size and 2-bedroom units 807- 899 sq. ft. in size.
The project proposes is private decks, balconies or patios for each unit and common
outdoor recreational area on the 2nd level. The project will provide 1,552 sq. ft. of private
and common outdoor recreational area or an average of 212.7 sq. ft. of outdoor recreational
area per unit where a minimum of 700 sq. ft. or an average of 100 sq. ft. is required .
Exhibit 4
TABLE ANALYZING PROJECT COMPLIANCE WITH SAN RAFAEL ZONING ORDINANCE (TITLE 14)
New 7-Unit Multifamily Residential Building File #: ED19-030; UP19-013; V19-003
104 Shaver St. Title: Zoning Ordinance Consistency Table
Exhibit: 4-2
14.04. 020 - Land Use Regulations (HR)
A wide variety of residential uses is permitted-by-right or with Use Permit
approval in the HR Districts. Multifamily residential land uses are permitted
by right in the HR District zones.
Consistent
The project proposes to redevelop the project site, currently developed with a single-family
residence, with a multifamily residential land use, which is permitted by right in the HR1
Districts.
14.04.040 - Property Development Regulations (HR1)
• Maximum density: 1,000 sq. ft. of lot area/unit
• Minimum yards: 15’ front/5’ sides/10’ street sides/5’ rear
• Maximum height: 36’
• Maximum lot coverage: 60%
• Minimum usable outdoor area: 100 sq. ft./unit
• Minimum landscaping: 50% of req. front and street side yards
Consistent
• The project will be consistent with the maximum allowable density for the site, which
is 6 units based on 6,264 sq. ft. of total lot area, subject to a request for an automatic
density bonuses under the State Density Bonus law after meeting mandatory affordable
housing requirements (By providing 1 affordable rental unit, the project is eligible for
up to 3 bonus density units. The project proposes 1 density bonus unit.
• The project will be consistent with the minimum required front yard setback, which is
15’ front (Shaver St. frontage).
• The project will be consistent with the minimum required street side yard setback
(Third St. frontage), subject to the approval of a requested setback reduction as an
automatic concession under the State Density Bonus law after meeting mandatory
affordable housing requirements (reduced from 10’ to 8’).
• The project will be consistent with the minimum required interior side yard setback
(shared with the commercial office at 220 Shaver St.), subject to the approval of a
requested setback reduction as a Variance (reduced from 5’ to zero or 0’).
• The project will be consistent with the minimum required garage setback (Shaver St.),
subject to the approval of a requested setback reduction as a Variance (reduced from
20’ to 15’).
• The project will be consistent with the maximum height allowed (Uniform Building
Code 1997) for the project site, which is 36’ (The project proposes a 35’ building
height).
• The project will be consistent with the maximum allowable lot coverage, subject to the
approval of a requested increase in lot coverage as an automatic concession under the
State Density Bonus law after meeting mandatory affordable housing requirements
(increased from 60% to 65%).
• The project will provide 1,552 sq. ft. of private and common outdoor recreational area
or an average of 221.7 sq. ft. of outdoor recreational area per unit where a minimum of
700 sq. ft. or an average of 100 sq. ft. is required ).
• The project will be consistent with the minimum landscaping requirement for the
Exhibit 4
TABLE ANALYZING PROJECT COMPLIANCE WITH SAN RAFAEL ZONING ORDINANCE (TITLE 14)
New 7-Unit Multifamily Residential Building File #: ED19-030; UP19-013; V19-003
104 Shaver St. Title: Zoning Ordinance Consistency Table
Exhibit: 4-3
project site, which is 50% of the required front and stre et side yards (The project
proposes 489 sq. ft. of required front yard landscaping where 466 sq. ft. is required and
1,031 sq. ft. of required street side yard landscaping where 627 sq. ft. is required ).
CHAPTER 16 – SITE DEVELOPMENT STANDARDS
14.16.030 - Affordable Housing Requirement. Any new residential
development project proposing 2-10 housing units shall provide a minimum
10% ‘affordability’. Residential ‘rental’ projects shall provide a minimum
50% of the required affordable units at the very low-income household level
and the remainder at the low-income household levels. By meeting specific
affordability requirements at the very low-income household level, a project
is eligible for a State Density bonus of up to 35% and three (3) concessions.
Consistent
Under the HR1 District zoning standards, the maximum density for the project site is six
(6) units (6,264 sq. ft. lot/1,000 sq. ft. density standard) The project proposes a new7-unit
multifamily residential apartment building; six (6) units based on the maximum allowable
density under the HR1 District zoning plus one (1) density bonus unit under the State
Density Bonus law. The project proposes to provide 16.7% affordability, or one (1) of the
six (6) based density units as affordable. The City’s inclusionary housing ordinance
requires that for rental projects, 50% of the inclusionary units (one-half or 0.5 unit for the
project) be eligible to very low-income households (<50% county median income) and the
remaining 50% of the affordable units (one-half or 0.5 unit for the project) be eligible for
low-income households (50%-80% of county median income). Fractional units of 0.5 or
higher shall be rounded up to the next higher whole number, while fractional units below
0.5 units may pay in-lieu affordable housing fees. The project proposes to construct one (1)
affordable housing unit eligible for very low-income households, as required.
By providing 16.7% affordable housing (1 unit), the project is eligible for an automatic
density bonus of up to 35% or three (3) additional residential units and up to three (3)
concessions. The project is requesting one (1) density bonus unit and two (2) automatic
concessions: 1) Up to 20% deviation from required yard setbacks; and 2) Up to 20%
deviation from lot coverage requirements.
Street Side Yard Setback Reduction Concession (Automatic)
By providing one (1) affordable unit at the very low-income household level, project is
eligible for an automatic reduction in required yard setbacks of up to 20%, with each
required yard reduction counting as one (1) concession. The project proposes to reduce the
required street side yard setback, from 10’ to 8., or a 20% reduction, to allow for greater
flexibility to access parking spaces and turning ability within the understo ry garage.
Exhibit 4
TABLE ANALYZING PROJECT COMPLIANCE WITH SAN RAFAEL ZONING ORDINANCE (TITLE 14)
New 7-Unit Multifamily Residential Building File #: ED19-030; UP19-013; V19-003
104 Shaver St. Title: Zoning Ordinance Consistency Table
Exhibit: 4-4
]Increase Lot Coverage Concession (Automatic)
By providing one (1) affordable unit at the very low-income household level, project is also
eligible for an automatic increase in lot coverage of up to 20%. The project proposes to
increase lot coverage, from a maximum of 60% (3,758 sq. ft.) to 65% (4,071 sq. ft.), or 9%
increase, to allow for again greater flexibility to access parking spaces and turning ability
within the understory garage.
14.16.170 - Geotechnical Review
Development applications require geotechnical reports consistent with the
geotechnical matrix in the general plan appendices to assess such hazards as
potential seismic hazards, liquefaction, landsliding, mudsliding, erosion,
sedimentation and settlement and hazardous soils conditions to determine
the optimum location for structures, to advise of special structural
requirements and to evaluate the feasibility and desirability of a proposed
facility in a specific location
Consistent with conditions
The project was reviewed consistent with the City’s Geotechnical review matrix contained
as an appendix to the General Plan 2020. A Geotechnical Investigation Report (Visha
Consultants, Inc, dated January 19, 2019) was prepared for and submitted with the project.
In conclusion, the investigation found that the project would be consistent with the
geotechnical policies of the General Plan and that the project would be feasible from a
geotechnical engineering standpoint. The report included recommendations that would
have to be incorporated during preparation of the construction plans and construction of the
project. The City Engineer reviewed the project submittals, including the Geotechnical
Investigation Report, and recommended approval subject to conditions, would be
incorporated into conditions of approval.
14.16.227 – Light and Glare
Colors, materials and lighting shall be designed to avoid creating undue off -
site light and glare impacts. New or amended building or site colors,
materials and lighting shall comply with the follo wing standards, subject to
review and recommendation by the police department, public works
department, and community development department:
A. Glossy finishes and reflective glass such as glazed or mirrored
surfaces are discouraged and prohibited where it would create an adverse
impact on pedestrian or automotive traffic or on adjacent structures;
particularly within the downtown environs and in commercial, industrial
and hillside areas.
B. Lighting fixtures shall be appropriately designed and/or shielded to
conceal light sources from view off-site and avoid spillover onto adjacent
properties.
C. The foot-candle intensity of lighting should be the minimum amount
Consistent with conditions
The project currently does not propose exterior lighting; however, it is reasonable to
assume a new 7-unit multifamily residential apartment with garage parking and outdoor
common area will include lighting. A condition of approval is included requiring submittal
of a lighting plan/photometric study for review and approval by staff to confirm lighting for
the project complies with adopted minimum/maximum illumination levels. A condition of
approval is also included requiring a post-construction photometric study to confirm the
project was constructed compliant with adopted minimum/maximum illumination levels.
In addition, a condition of approval is included establishing a 90-day lighting review period
at final inspection/occupancy where adjustments in lighting may be required by staff to
reduce off-site glare, if necessary.
Exhibit 4
TABLE ANALYZING PROJECT COMPLIANCE WITH SAN RAFAEL ZONING ORDINANCE (TITLE 14)
New 7-Unit Multifamily Residential Building File #: ED19-030; UP19-013; V19-003
104 Shaver St. Title: Zoning Ordinance Consistency Table
Exhibit: 4-5
necessary to provide a sense of security at building entryways, walkways
and parking lots. In general terms, acceptable lighting levels would
provide one (1) foot-candle ground level overlap at doorways, one-half
(½) foot-candle overlap at walkways and parking lots, and fall below one
(1) foot-candle at the property line.
D. Lighting shall be reviewed for compatibility with on-site and off-
sight light sources. This shall include review of lighting intensity, overlap
and type of illumination (e.g., high -pressure sodium, LED, etc.). This may
include a review by the city to assure that lighting installed on private
property would not cause conflicts with public street lighting.
E. Installation of new lighting fixtures or changes in lighting intensity
on mixed use and non-residential properties shall be subject to
environmental and design review permit review as required by Chapter
14.25 (Design Review).
F. Maximum wattage of lamps shall be specified on the plans submitted
for electrical permits.
G. All new lighting shall be subject to a 90-day post installation
inspection to allow for adjustment and assure compliance with this
section
14.16.260 - Noise Standards
A. Residential Development. The following standards app ly to residential
development:
-----------
3. In high density and downtown residential districts residential
interior standards shall be met, and common usable outdoor areas
shall be designed to minimize noise impacts. Where possible, a 60
dBA (Ldn) standard shall be applied to usable outdoor areas
4. Interior noise standards for new single -family residential and
residential health care development shall be 40 dBA (Ldn) for
bedrooms and 45 dBA (Ldn) for other rooms. New hotels and
motels shall meet a 45 dBA (Ldn) standard. For new multifamily
development, hotels and motels, interior noise standards shall be
described by State Administrative Code standards, Title 25, Part 2.
Consistent with conditions
A The project submittals currently do not include a noise or acoustic study. A condition of
approval is included requiring submittal of a noise or acoustic study for review and
approval by staff to confirm the project will comply with maximum interior noise levels
through noise reducing materials (windows, doors) and construction techniques (wall
assemblies).
Like the photometric study, a condition of approval is included requiring a post-
construction noise or acoustic study to confirm the project was constructed compliant with
noise or acoustic study and its recommendations.
Exhibit 4
TABLE ANALYZING PROJECT COMPLIANCE WITH SAN RAFAEL ZONING ORDINANCE (TITLE 14)
New 7-Unit Multifamily Residential Building File #: ED19-030; UP19-013; V19-003
104 Shaver St. Title: Zoning Ordinance Consistency Table
Exhibit: 4-6
-----------
6. Post-construction monitoring and approval by an acoustical
engineer shall be required in residential development near high
noise sources to ensure that city standards have been met.
14.16.295- Sight Distance.
Fencing, vegetation and improvements shall be established and
maintained only in a manner that does not reduce visibility for the safe
ingress and egress of vehicles or pedestrians within a required vision
triangle, e.g., fifteen feet (15') from the curb return at any intersection or
driveway, or as determined by the director of public works. In general,
fencing and improvements or vegetation located within the established
vision triangle (as determined below) shall not exceed a height of three
feet (3') as measured above the adjacent street pavement. The vision
triangle shall be kept free of any visual obstruction between a height of
three feet (3') to eight feet (8') above the street grade elevation.
Consistent with conditions.
The project proposes one (1) 20’-wide, two-way, driveway; one along the Shaver St.
frontage. While the City’s Land Development Engineer reviewed the sight distance
provided by the project design and has determined it adequate to provide safe ingress and
egress of vehicles and pedestrians, additional landscaping has been added to the plans
along the north driveway elevation and final or follow-up review of the sight distance is
needed. A condition of approval is included requiring a final review by the Land
Development Engineer of the site distance prior to building permit issuance
14.16.370 - Water – Efficient Landscape
All new development projects providing 500 sq. ft. or greater of
landscaping shall be reviewed and obtain approval by the Marin Municipal
Water District (MMWD) prior to building permit issuance. MMWD shall
review all project landscaping, irrigation and grading plans for compliance
with the most recently adopted MMWD water-conservation ordinance.
Consistent with conditions.
The project proposes new landscaping throughout the project site which exceeds the 500
sq. ft. threshold from MMWD and require MMWD review and approval with their most
recent water-efficiency requirements prior to building permit issuance. A condition of
approval is included requiring MMWD review and approval of the project’s landscape
details prior to building permit issuance.
CHAPTER 18 – PARKING STANDARDS
14.18.040 - Parking Requirements
A. Off-street parking shall be provided in accord with the following:
• New, 1-bedroom units, located within the Downtown, are required to
provide 1.0 spaces;
• New, 2-bedroom units, less than 900 sq. ft. in size and located within
the Downtown, are also required to provide 1.0 spaces; and
• 1 ‘guest’ space per every 5 units is required within the Downtown.
Consistent
Pursuant to Section 14.18.040, the project is required to provide eight (8) on-site parking
spaces: one (1) parking space for each of the seven (7) proposed residential units (covered
or uncovered) plus one (1) guest parking space for a total; of eight (8) on-site parking
spaces. The project is requesting a Parking Modification through a Use Permit, to reduce
the number of on-site parking spaces, from eight (8) to seven (7) total parking spaces, in
exchange for providing a surplus of or excess bicycle parking. The project proposes
secured long-term parking for six (6) bicycles inside the garage. While Parking
Exhibit 4
TABLE ANALYZING PROJECT COMPLIANCE WITH SAN RAFAEL ZONING ORDINANCE (TITLE 14)
New 7-Unit Multifamily Residential Building File #: ED19-030; UP19-013; V19-003
104 Shaver St. Title: Zoning Ordinance Consistency Table
Exhibit: 4-7
B. Parking Modification. The parking requirement for any specific use
listed may be modified so as to provide adequate parking which is fair,
equitable, logical and consistent with the intent of this chapter. Such
modification may also include reduction in parking ratios for businesses
in the downtown zoning districts that allow the use of private parking
facilities to be used for public parking during evening or weekend hours.
Parking modifications shall require an application for a use permit and
shall be subject to review by the community development director and
public works director, and approval by the zoning administrator.
Modifications are subject to approval of the Zoning Administrator, the Parking
Modification, requesting a reduction in the required parking, is automatically elevated for
review and approval by the Planning Commission with the other planning entitlements
requested by the project.
14.18.090 – Bicycle Parking.
A. Applicability. Bicycle parking shall be required for all new
nonresidential buildings and in major renovations of nonresidential
buildings having thirty (30) or more parking spaces, and for all
public/quasi-public uses.
B. Number of Short-Term Spaces Required.
1. Commercial, office, industrial, and multi -family residential uses:
five percent (5%) of the requirement for automobile parking
spaces, with a minimum of one two -bike capacity rack.
2. Pub lic/quasi-public uses: as determined by parking study, or as
specified by use permit.
3. Exempt uses: animal sales and service; motor vehicle sales and
services; building materials and supplies (large -item); catering
establishments; funeral and interment services; temporary uses;
recycling facilities; other uses as determined by the planning
director.
C. Number of Long -Term Spaces Required.
1. For nonresidential buildings with over ten (10) tenant -occupants:
Five percent (5%) of the requirement for au tomobile parking
spaces, with a minimum of one space.
D. Reduction of Vehicle Parking. Properties that provide bicycle
parking in excess of the bicycle parking spaces identified in Section
14.18.090.B. and/or C. may qualify for a reduction to the overall vehicle
parking requirements subject to the approval of a use permit for parking
Consistent
The project is required to provide two (2) short-term bike racks only. By providing excess
bicycle parking, however, the project qualifies for reduction in vehicle parking
requirements. The project is proposing to provide excess bicycle parking to mitigate a
reduction in on-site vehicle parking, with the elimination of the guest parking (1 space)
requirement. Both the Public Works and Community Development Directors support the
Parking Modification to increase bicycle parking while reducing vehicular parking as an
offset to help provide needed Downtown housing in an area determined to have ample
street parking nearby, beyond Shaver St. and Latham St.
Exhibit 4
TABLE ANALYZING PROJECT COMPLIANCE WITH SAN RAFAEL ZONING ORDINANCE (TITLE 14)
New 7-Unit Multifamily Residential Building File #: ED19-030; UP19-013; V19-003
104 Shaver St. Title: Zoning Ordinance Consistency Table
Exhibit: 4-8
modification.
E. Design.
1. Short-Term Parking: Bike racks shall be provided with each
bicycle parking space. The rack shall consist of a stationary
object to which the u ser can lock the bike.
2. Long-Term Parking: Acceptable parking facilities include:
a. Covered, lockable enclosures with permanently anchored
racks for bicycles,
b. Lockable bicycle room with permanently anchored racks, or
c. Lockable, permanently anchored bicycle lockers.
3. Parking facilities shall support bicycles in a stable position.
4. The facilities shall provide at least an eighteen-inch (18″)
clearance from the centerline of adjacent bicycles on the left and
right, and at least ten inch es (10″) to walls or other obstructions.
5. An aisle or other space shall be provided to bicycles to enter and
leave the facility. This aisle shall have a width of at least five
feet (5′) to the front or rear of a standard six -foot (6′) bicycle
parked in a facility.
6. Bicycle parking should be situated at least as conveniently to
building entrances as the most convenient car parking area, but a
minimum distance of one hundred feet (100′) of a visitors'
entrance. Bicycle and auto parking areas shall be separated by a
physical barrier or sufficient distance to protect parked bicycles
from damage by cars.
7. Bicycle parking facilities should be located in highly visible,
well-lit areas to minimize theft and vandalism.
8. Overhead coverage or rain shelt ers for bicycle parking facilities
are encouraged.
9. The planning director (or the planning director's designated
appointee) shall have the authority to review the design of all
bicycle parking facilities required by this title with respect to
safety, security and convenience.
Exhibit 4
TABLE ANALYZING PROJECT COMPLIANCE WITH SAN RAFAEL ZONING ORDINANCE (TITLE 14)
New 7-Unit Multifamily Residential Building File #: ED19-030; UP19-013; V19-003
104 Shaver St. Title: Zoning Ordinance Consistency Table
Exhibit: 4-9
14.18.120 –Parking Space Dimensions
A. Standard size parking spac es shall be nine feet (9') by nineteen feet
(19') in dimension, except that in downtown, the standard size parking
space shall be eight and one -half feet (8.5') by eighteen feet (18') in
dimensions;
B. Compact parking spaces shall be eig ht feet (8′) by sixteen feet (16′) in
dimensions.:
Consistent
All on-site parking is designed to comply with the minimum parking space dimensions for
‘standard’ and ‘compact’ parking spaces.
14.18.120 –Compact Spaces – Allowable Percentage
A. Allowable Percentage. A maximum thirty percent (30%) of the
required parking spaces may be compact spaces for facilities exceeding
five (5) space s;
B. Spaces Labeled. Compact spaces shall be labeled in parking
facilities as compact spaces to the satisfaction of the city traffic
engineer;
C. Distribution. Compact spaces should be distributed throughout the
parking lot to the extent feasible.
Consistent with conditions
The project requests a Parking Modification to allow an increase in the allowable
percentage of compact parking spaces, from a maximum of 30% (2 spaces) to 50% (4
spaces). Like the request for Parking Modification to decrease the required parking, both
the Public Works and Community Development Directors support the Parking
Modification to increase compact parking to help provide greater maneuverability within
the garage area. While Parking Modifications are subject to approval of the Zoning
Administrator, the Parking Modification, requesting an increase in compact parking, is
automatically elevated for review and approval by the Planning Commission with the other
planning entitlements requested by the project.
14.18.130 - Parking Facility Dimensions and Design
A. Minimum Standards.
• 90O, two-way Downtown parking spaces require minimum dimensions
to be 8.5’ wide by 18’ deep with a minimum backup aisle between the
parking spaces of 26’.
-----------
B. Parking Stall Access.
• Use of a required parking space shall not require more than two (2)
vehicle maneuvers. At the end of a parking facility with four (4) or
more parking spaces, an aisle or driveway providing access to the end
parking space shall extend at least two feet (2′) beyond the required
width of the parking space in order to provide adequate on-site area for
turnaround purposes
Consistent
The parking garage design layout for the project proposes a 34’ 6: to 36’ 10” backup aisle
and an addition 2 – 3’ end of aisle extension to allow for easier maneuverability accessing
and exiting parking spaces. The parking garage design layout was reviewed and approved
by the City Engineer with the site and building design proposed by the project.
14.18.140 - Access to Public Right-of-Way
Driveway Widths. The minimum curb cut for driveways at the face of the
curb, for residential uses serving 7 – 24 parking spaces, shall have a
Consistent
The project proposes one (1) 20’-wide two-way driveway along the Shaver St. frontage to
the project garage, as required.
Exhibit 4
TABLE ANALYZING PROJECT COMPLIANCE WITH SAN RAFAEL ZONING ORDINANCE (TITLE 14)
New 7-Unit Multifamily Residential Building File #: ED19-030; UP19-013; V19-003
104 Shaver St. Title: Zoning Ordinance Consistency Table
Exhibit: 4-10
minimum inside depressed width of 20’ for two-way access and exit.
14.18.200 – Location of Parking and Maneuvering Areas
Parking or maneuvering areas, excluding access driveways, shall be
prohibited in all required yard areas in the medium - and high-density
residential districts.
Consistent with conditions.
The project proposes a portion of the proposed garage parking (Parking Space #7) and
maneuvering area to be located within into the interior 5’ side yard setback. On February
19, 2020, the recommended approval of the project design, including the granting of a
Variance to allow encroachment into the required interior side yard setback in order for the
project to provide greater vehicle maneuverability within the garage. This proposed setback
encroachment will reduce the interior side yard setback from 5’ to zero (0’). By supporting
the interior side yard setback encroachment, the Board’s recommendation also implies
support for allowing a portion of the garage parking and maneuvering area also to encroach
into the interior side yard setback.
CHAPTER 22 – USE PERMITS
14.22.080 – Findings
The Zoning Administrator or the Planning Commission may issue a Use
Permit if the following findings can be made :
A. That the proposed use is in accord with the general plan, the objectives
of the zoning ordinance, and the purposes of t he district in which the site is
located;
B. That the proposed use, together with the conditions applicable
thereto, will not be detrimental to the public health, safety or welfare, or
materially injurious to properties or improvements in the vicinity, or to
the general welfare of the city ; and
C. That the proposed use complies with each of the applicable provisions
of the zoning ordinance .
Consistent with conditions
A. The proposed new multifamily residential development with Parking Modifications, as
revised and conditioned, will be in accord with the San Rafael General Plan 2020, the
objectives of Title 14 of the San Rafael Municipal Code (the Zoning Ordinance) and
the purposes of the High -Density Multifamily Residential (HR1) District, in which the
project site is located, given that:
1. As documented in the General Plan 2020 Consistency Table (Exhibit 3), the
proposed project will implement and promote the goals and policies of the San
Rafael General Plan 2020,
2. As documented in the Zoning Ordinance Consistency Table (Exhibit 4), the
proposed project will be consistent with the objectives of the Zoning Ordinance ;
and
3. The proposed project will be consistent with the purposes of the HR1 District,
given that; a) The project will provide for high-density residential development in
the HR1 District, a high-density residential zoning district; b) The project will
provide a wide variety of housing opportunities in terms of housing type (market -
Exhibit 4
TABLE ANALYZING PROJECT COMPLIANCE WITH SAN RAFAEL ZONING ORDINANCE (TITLE 14)
New 7-Unit Multifamily Residential Building File #: ED19-030; UP19-013; V19-003
104 Shaver St. Title: Zoning Ordinance Consistency Table
Exhibit: 4-11
rate, ADA-accessible and affordable residential ‘rental’ units) and sizes (1-
bedroom unit 806 sq. ft. in size and 2-bedroom units 807- 899 sq. ft. in size), c)
The project will help promote San Rafael's Downtown area as a viable
commercial and financial center, and as an urban center with a mixture of civic,
social, entertainment, cultural and residential uses due to its unique location in
the Downtown (one block south of Fourth St.); future residents are anticipated to
frequent existing and future businesses in the Downtown and help achieve the
City’s goal of ‘alive-after-five’ by helping to activate the Downtown in the
evenings and on weekends; d) The project will help create an inviting appearance
along both the Third St. and Shaver St. frontages by installing new street trees and
landscaped setbacks; e) The project has been reviewed by the appropriate City
department and non-city agencies and determined that adequate infrastructure
exists to meet all new service demands; and f) On February 19, 2020, the Design
Review Board reviewed and recommended approval of the project, determining
the project design will protect and enhance the existing land use development
pattern and character within the immediate surrounding neighborhood, which is a
mixture of high-density multifamily residential to the south, commercial to the
north and east and duplex residential to the west.
B. The proposed new multifamily residential development with Parking Modifications, as
revised and conditioned, will not be detrimental to the public health, safety or welfare,
or materially injurious to properties or improvements in the vicinity, or to the general
welfare of the City, given that; the project has been reviewed by appropriate City
departments, non-City agencies, the appropriate surrounding neighborhood groups
(Downtown Business Improvement District, and Federation of San Rafael
Neighborhoods), interested parties, the Design Review Board at three (3) separate
meetings (conceptual review on February 5, 2019 and formal project review on
December 17, 2019 and February 19, 2020) and conditions of ap proval have been
included to mitigate any potential negative impacts anticipated to be generated by the
proposed project;
Both the Public Works and Community Development Directors support the Parking
Modification to reduce required parking, give that; bicycle parking will be increased
(from 2 to 6 secured/garage bicycle parking spaces) and the area surrounding the
project site has been determined to have ample street parking beyond Shaver St. and
Latham St.;
Exhibit 4
TABLE ANALYZING PROJECT COMPLIANCE WITH SAN RAFAEL ZONING ORDINANCE (TITLE 14)
New 7-Unit Multifamily Residential Building File #: ED19-030; UP19-013; V19-003
104 Shaver St. Title: Zoning Ordinance Consistency Table
Exhibit: 4-12
Both the Public Works and Community Development Directors also support the
Parking Modification to increase the percentage of compact parking for the project,
from a maximum of 30% (2 spaces) to 50% (4 spaces) to help provide greater
maneuverability within the garage area; and
C. The proposed new multifamily residential development with Parking Modifications, as
revised and conditioned, will comply with each of the applicable provisions of the
Zoning Ordinance, given that; as documented in the Zoning Ordinance Consistency
Table (Exhibit 4).
CHAPTER 23 – VARIANCES
14.23.070 – Findings
The Zoning Administrator or the P lanning Commission may approve an
application for a Variance if the following findings can be made :
A. That because of special circumstances applicable to the property,
including siz e, shape, topography, location or surroundings, the strict
application of the requirements of this title deprives such property of
privileges enjoyed by other property in the vicinity and under identical
zoning classification ;
B. That the Variance will not constitute a grant of special privileges
inconsistent with the limitations upon other properties in the vicinity
and zoning district in which such property is situated ;
C. That granting the Variance does not authorize a use or activity which
is not otherwise expressly authorized by the zoning regulations for the
zoning district in which the subject property is located ; and
D. That granting the application will not be detrimental or injurious to
property or improvements in the vicinity of the dev elopment site, or to the
public health, safety or general welfare .
Consistent with conditions
A. Because of special circumstances are applicable to the site, including size, shape,
topography, location or surroundings, strict application of the side yard set back
requirements and retaining wall height deprives the properties of privileges enjoyed by
other properties in the vicinity and within the same High -Density Multifamily
Residential (HR1) District, given that: the site is a triangular-shaped corner lot (T hird
St. and Shaver St.) which eliminates the rear yard and has an average width of 48’
where a minimum 60’ lot width is required. These inherent lot characteristics
significantly impact site design;
B. The Variance will not constitute a grant of special privileges inconsistent with
development limitations on other properties in the vicinity and within the same HR1
District, given that: there exist multiple lots in the vicinity of the site, within the same
city block and within the same HR1 District zoning de signation, which have similar
existing legal nonconforming development encroachments into the required yard
setbacks, including, but not limited to, 103, 105, 107, 109, 111 -117, and 220 Shaver
St. and the existing single-family residence located on the pro ject site;
C. Granting the Variance does not authorize a use or activity which is not otherwise
expressly authorized in the HR1 District in which the site is located, given that. 1)
Multifamily residential land use is permitted by right in the HR1 District; and 2) The
Exhibit 4
TABLE ANALYZING PROJECT COMPLIANCE WITH SAN RAFAEL ZONING ORDINANCE (TITLE 14)
New 7-Unit Multifamily Residential Building File #: ED19-030; UP19-013; V19-003
104 Shaver St. Title: Zoning Ordinance Consistency Table
Exhibit: 4-13
project will essentially continue the existing interior side yard setback encroachment,
from the existing single-family residence constructed on the project site; and
D. Granting the Variance will not be detrimental or injurious to property or imp rovements
in the vicinity of the site, or to the public health, safety or general welfare, given that;
1) The project will be compliant with the required front yard setback (15’) and street
side setback, to subject to the approval of a requested setback re duction as an
automatic concession under the State Density Bonus law after meeting mandatory
affordable housing requirements (reduced from 10’ to 8’); 2) The project will be
compliant with the required safe sight distance/vision triangle (15’) for the driveway
along Shaver St., subject to final review of the landscape plan by the City Engineer; 3)
The project will not negatively impact the use or enjoyment of the existing, active
outdoor recreation areas, or solar access, on the immediate adjacent property at 220
Shaver St., which is setback approximately 75’ from the common interior side property
line; and 4) The project has been reviewed by the appropriate City departments and
non-city agencies, including the Chief Building Official and the Deputy Fire Chi ef,
who have recommended approval of the project after determining the project design
complies with all applicable building and fire codes.
CHAPTER 25 – ENVIRONMENTAL AND DESIGN REVIEW
PERMIT
14.25.010 – Specific Purposes
Environmental and design re view implements general plan policies
concerning the environment and design by guiding the location, functions
and appearance of development. The key environmental and design goal
of the city is to respect and protect the natural environment and assure tha t
development is harmoniously integrated with the existing qualities of the
city. The purposes of environmental and design review are t o:
A. First and foremost, maintain a proper balance between development
and the natural environment;
B. Ensure that the locatio n, design and materials and colors of
development blends with and enhances the natural setting s;
C. Maintain and improve the quality of, and relationship between,
Consistent
The project proposes a forward-thinking contemporary design, highlighted by dramatic
‘wing’ roof forms and glass railings though also incorporating earthtone/woodtone textured
stucco (ground floor and clerestory) and horizontal wood siding (upper stories) façade
treatments and stepping back the upper stories along the Third St. frontage to create
common outdoor recreation area for the units. The proposed 3-story scale was reviewed by
the Board during conceptual design review and again during formal project review
determined to be in scale with other multifamily residential buildings (south) and
commercial buildings (north and east) of the project site. The project design has been
revised to provide and, on February 19, 2020, the Board unanimously recommended
approval of the site and building design, as presented.
Exhibit 4
TABLE ANALYZING PROJECT COMPLIANCE WITH SAN RAFAEL ZONING ORDINANCE (TITLE 14)
New 7-Unit Multifamily Residential Building File #: ED19-030; UP19-013; V19-003
104 Shaver St. Title: Zoning Ordinance Consistency Table
Exhibit: 4-14
development and the surrounding area to contribute to the
attractiveness of the city;
D. Preserve balance and harmony within neighborhoods .
E. Promote design excellence by encouraging creative design and the
innovative use of materials and methods and techniques ; and
.
14.25.050 - Review Criteria
Projects must meet the following design review criteria:
• Consistency with General Plan design polices.
• Consistency with Specific Plans
• Design criteria must meet the objectives of Chapter 25 (Design
Review), which include ensuring that the design blends with the natural
setting, maintains and improves the quality of and relationship between
the development and the surrounding area, preserve the balance and
harmony within a neighborhood, promotes excellence in design, and
preserves and enhances views.
• Site design is harmonious amongst structures within the development
and existing development in the vicinity, natural site features should be
protected and preserved, safe access and adequate parking should be
provided, drainage should be designed to be ensure proper surface
drainage
Consistent
The project would be consistent with most of the applicable San Rafael General Plan 2020
policies (see Exhibit 3).
As stated earlier, the project is consistent with the specific purposes or objectives of
Environmental and Design Review permits.
The project proposes a site and building design with associated landscape and drainage
improvements which have been review by city departments, non -city agencies and the
Design Review Board during three (3) separa te meeting. On February 19, 2020, the
Board unanimously recommended approval of the site and building design, as presented.
14.25.090 - Findings
The following findings must be made to approve a Design Review Permit
• Project design is in accord with the general plan, the objectives of the
zoning ordinance and the purposes of this chapter;
• Project design is consistent with all applicable site, architecture and
landscaping design criteria and guidelines for the district in which the
site is located
• Project design minimizes adverse environmental impacts
• Project design will not be detrimental to the public health, safety or
welfare nor materially injurious to properties or improvements in the
vicinity.
Consistent
A. The project design, as revised and conditioned. is in accord with the General Plan, the
objectives of the Zoning Ordinance, and the purposes of Chapter 14.25 of the Zoning
Ordinance; in that:
1. As documented in the General Plan 2020 Consistency Table (Exhibit 3), the
proposed project will implement and promote the goals and policies of the San
Rafael General Plan 2020,
2. As documented in the Zoning Ordinance Consistency Table (Exhibit 4), the
proposed project will be consistent with the objectives of the Zoning Ordinance,
which is to promote and protect the public health safety, peace, comfort and
general welfare;
Exhibit 4
TABLE ANALYZING PROJECT COMPLIANCE WITH SAN RAFAEL ZONING ORDINANCE (TITLE 14)
New 7-Unit Multifamily Residential Building File #: ED19-030; UP19-013; V19-003
104 Shaver St. Title: Zoning Ordinance Consistency Table
Exhibit: 4-15
3. The proposed project will be consistent with the purposes of Environmental and
Design Review Permits, given that; the project will maintain and improve the
quality of, and relationship between, development and the surrounding area to
contribute to the attractiveness of the City, as determined during the review of the
project by the Board during three (3) separate meetings (conceptual review on
February 5, 2019 and formal design review on Dece mber 17, 2019 and February
19, 2020). On February 19, 2020, the Board unanimously recommended approval
of the site and building design, as revised and presented .
B. The project design, as revised and conditioned, is consistent with all applicable site,
architecture and landscaping design criteria and guidelines for the HR1 District in
which the project site is located, given that;
1. The project will be consistent with the maximum allowable density for the site,
which is 6 units based on 6,264 sq. ft. of total lot area, subject to a request for an
automatic density bonuses under the State Density Bonus law after meeting
mandatory affordable housing requirements (By providing 1 affordable rental unit,
the project is eligible for up to 3 bonus density units. The project proposes 1
density bonus unit);
2. The project will be consistent with the minimum required front yard setback,
which is 15’ front (Shaver St. frontage);
3. The project will be consistent with the minimum required street side yard setback
(Third St. frontage), subject to the approval of a requested setback reduction as an
automatic concession under the State Density Bonus law after meeting mandatory
affordable housing requirements (reduced from 10’ to 8’);
4. The project will be consistent with the minimum required interior side yard
setback (shared with the commercial office at 220 Shaver St.), subject to the
approval of a requested setback reduction as a Variance (reduced from 5’ to zero
or 0’;
5. The project will be consistent with the minimum required garage setback (Shaver
St.), subject to the approval of a requested setback reduction as a Variance
Exhibit 4
TABLE ANALYZING PROJECT COMPLIANCE WITH SAN RAFAEL ZONING ORDINANCE (TITLE 14)
New 7-Unit Multifamily Residential Building File #: ED19-030; UP19-013; V19-003
104 Shaver St. Title: Zoning Ordinance Consistency Table
Exhibit: 4-16
(reduced from 20’ to 15’);
6. The project will be consistent with the maximum height allowed (Uniform
Building Code 1997) for the project site, which is 36’ (The project proposes a 35’
building height);
7. The project will be consistent with the maximum allowable lot coverage, subject
to the approval of a requested increase in lot coverage as an automatic concession
under the State Density Bonus law after meeting mandatory affordable housing
requirements (increased from 60% to 65%);
8. The project will provide 1,552 sq. ft. of private and common outdoor recreational
area or an average of 212.7 sq. ft. of outdoor recreational area per unit where a
minimum of 700 sq. ft. or an average of 100 sq. ft. is required ;
9. The project will be consistent with the minimum landscaping requirement for the
project site, which is 50% of the required front and street side yards (The project
proposes 489 sq. ft. of required front yard landscaping where 466 sq. ft. is
required and 1,031 sq. ft. of required street side yard landscaping where 627 sq. ft.
is required);
10. The project will be consistent with the parking requirement, subject to the
approval of a requested Parking Modification, to reduce the required parking from
8 to 7 on-site parking spaces by elimination of the required (1 space) guest
parking;
11. The project will be consistent with the compact parking space requirement,
subject to the approval of a requested Parking Modification, to increase the
percentage of compact parking spaces from a maximum of 30% to 50% (increased
from 2 to 4 compact spaces);
12. The provisions of Marin Municipal Water District’s (MMWD) most recent water
conservation and new ‘graywater’ requirements apply to the project, where
MMWD approval is required prior to the issuance of any building or grading
permit; and
Exhibit 4
TABLE ANALYZING PROJECT COMPLIANCE WITH SAN RAFAEL ZONING ORDINANCE (TITLE 14)
New 7-Unit Multifamily Residential Building File #: ED19-030; UP19-013; V19-003
104 Shaver St. Title: Zoning Ordinance Consistency Table
Exhibit: 4-17
13. The proposed project will be consistent with review criteria for Environmental
and Design Review Permits (Chapter 14.25 of the Zoning Ordinance), by
proposing a consistent, high-quality architectural design (colors and materials;
scale; bulk and mass; fenestration and articulation) throughout the project site.
C. The project design, as revised and conditioned, minimizes adverse environmental
impacts, given that:
1. The project design includes storm water retention areas or ‘bioswales’ which will
have the effect of creating a ‘no net change’ in the rate of storm water drainage on
the project site, as determined and recommended for approval by the City
Engineer after reviewing submitted drainage plans for the project;
2. The project site is already significantly developed and disturbed and neither
contains, nor is immediately contiguous to, recognizable wetlands, creeks or
similarly sensitive environmental features, and it has not been identified in the San
Rafael General Plan 2020 (Exhibit 38 – Threatened and Endangered Species) as a
general location were threatened and endangered species have been previously
observed or maintain a suitable habitat for their likely presence to be found; and
3. The project is exempt from CEQA pursuant to CEQA Guidelines Section 15332
(In-Fill Development Projects), as determined by staff.
D. The project design, as revised and conditioned, will not be detrimental to the public
health, safety or welfare, or materially injurious to properties or improvements in the
vicinity, or to the general welfare of the City, given that; the project has been reviewed
by appropriate City departments, non-City agencies, the appropriate surrounding
neighborhood groups (Downtown Business Improvement District and Federation of
San Rafael Neighborhoods), interested parties, and the Design Review Board during
three (3) separate meetings (conceptual review on February 5, 2019 and formal design
review on December 17, 2019 and February 19, 2020). On February 19, 2020, the
Board unanimously recommended approval of the site and building design, as revised
and presented.
Community Development Department – Planning Division
Meeting Date: April 14, 2020
Agenda Item:
3
Case Numbers:
P20-002
Project Planner:
Ali Giudice (415) 485-3092
REPORT TO PLANNING COMMISSION
SUBJECT: Election of Officers to fill a Recent Vacancy;
EXECUTIVE SUMMARY
Due to the recent departure of the Planning Commissioner serving as Chair, the Commission is being
asked to select a New Chair and Vice Chair for the 2020 year.
RECOMMENDATION
It is recommended that the Planning Commiss ion take the following action:
a) Elect a new Chair and Vice Chair for 2020;
BACKGROUND AND ANALYSIS
Election of Officers:
Section II.E of the Planning Commiss ion “Rules and Procedures” require s that the Planning Commission
conduct an annual meeting to se lect officers (Chair and Vice Chair) for the calendar year. The Annual
Meeting was conducted an a new Chair and Vice Chair was selected on January 14, 2020.
However, the Chair position is now vacant due to the resignation of Commissioner Schoppert. As such
the Planning Commission is now being asked to select a new Chair and Vice Chair to complete the rest
of the year.
The office of the Chair and Vice Chair is rotational, with selection based on seniority or tenure of service.
Per the Rules and Proce dures, generally, a Commissioner shall not serve as a Chair more than once in
seven consecutive years.
Chair
Based on the rotation criteria, Commissioner Mercado is next-in-line to serve as Chair, as he has
been serving as Vice Chair for the past 3 months.
Vice Chair
In order to determine the next Vice Chair, the same rules and procedures for Chair apply to Vice
Chair. Commissioner Samudzi is the only Commissioners who has not served as Chair or Vice
Chair in the past 7 years. Therefore, Commissioner Mercado and would be the next eligible Vice
Chair for 2020.
In accordance with the rules and procedures, it is recommended that Commission Mercado be elected to
serve s Chair and Commission Samudzi be elected to serve as Vice Chair.